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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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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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