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United States v. Fenner

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

UNITED STATES OF AMERICA

Plaintiff,

-vs- Criminal Action No. 23-00213-01-CR-W-DGK

KENNETH D. FENNER,

Defendant.

_____________________________________

MEMORANDUM OF MATTERS DISCUSSED AND

ACTION TAKEN AT PRETRIAL CONFERENCE

The following matters were discussed and action taken during the pretrial conference:

PENDING CHARGES: Count One Possession with Intent to Distribute Fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)

Count Two Possession of a Firearm in Furtherance of Drug Trafficking, in violation of 18 U.S.C. § 924(c)(1)(A)

Count Three Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8)

TRIAL COUNSEL:

Government: Robert Smith Case Agent: To be determined Defense: Jonathan Truesdale

OUTSTANDING MOTIONS: Defendant's Motion in Limine to Exclude Informant Testimony (Doc. 47), filed June 24, 2024, is currently pending.

ANTICIPATED MOTIONS: The parties anticipate filing standard motions in limine.

TRIAL WITNESSES:

Government: approximately 5 with stipulations; less than 10 without stipulations Defense: 1 additional witness, including Defendant who may testify

TRIAL EXHIBITS:

Government: 50 exhibits Defense: no additional exhibits

DEFENSES:

( x ) defense of general denial ( ) defenses of general denial and _________________________________________

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2

POSSIBLE DISPOSITION:

( ) Definitely for trial ( x ) Possibly for trial ( ) Motion to continue to be filed ( ) Likely a plea will be worked out

TRIAL TIME: 3 days

Government's case including jury selection: 2 days Defense case: 1 day

STIPULATIONS:

( ) not likely ( ) not appropriate ( x ) likely as to:

( ) chain of custody ( ) chemist's reports ( x ) prior felony conviction ( ) interstate nexus of firearm

UNUSUAL QUESTIONS OF LAW: None

FILING DEADLINES:

Witness and Exhibit Lists:

Government: October 6, 2025 Defense: Monday, October 6, 2025

Counsel are requested to list witnesses in alphabetical order on their witness list. Exhibit Index, Voir Dire, Jury Instructions: October 6, 2025

Jury instructions must comply with Local Rule 51.1 Motions in Limine: October 6, 2025

TRIAL SETTING: Criminal jury trial docket commencing October 20, 2025

Please note: No conflicts were identified.

OTHER:

( ) A _____________________-speaking interpreter is required. ( ) Other assistive devices:

IT IS SO ORDERED.

/s/ Jill A. Morris

JILL A. MORRIS

United States Magistrate Judge

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United States v. Fenner
(Oct 1, 2025)