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United States v. Jackson

February 6, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RHAMELLE LAMONT JACKSON, DEFENDANT.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

This case was referred to the undersigned by the Hon. Richard J. Arcara, in accordance with 28 U.S.C. § 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions.

PRELIMINARY STATEMENT

The defendant, Rhamelle Lamont Jackson ("the defendant"), is charged in an Indictment with having violated Title 18 U.S.C. §§ 922(k) and 924(a)(1)( B) (Count 1) and also faces a forfeiture count (Count 2) pursuant to 18 U.S.C. §§ 924(d) and 3665. (Docket #1). He has filed an omnibus discovery motion wherein he seeks:

(1) "disclosure of the identities of all government informants;" (2) disclosure and production "of all items or information to which the defendant is entitled" pursuant to Rule 16 of the Fed. R. Crim. P.; (3) production of Brady, Giglio and Jencks materials; (4) "disclosure of evidence pursuant to Rules 404(b), 608 and 609 of the F.R.E.;" (5) "preservation of rough notes and other evidence;" (6) permission allowing "active counsel participation in voir dire;" (7) "pretrial production of government summaries; (8) permission "to voir dire government experts outside the presence of the jury;" (9) "disclosure of grand jury transcripts;" (10) permission "to make other motions." (Docket #7).

The government has filed a response to these requests. (Docket #9).

Each of the defendant's requests will be separately addressed herein.

DISCUSSION AND ANALYSIS

1. "Disclosure Of The Identities Of All Government Informants"

Since the government has responded by stating that "there are no government informants involved in this case that will be called as witnesses during the government's case in chief during a trial of this indictment," the defendant's motion is DENIED on the basis that it is moot.

2. Disclosure And Production Of Items Or Information Pursuant To Rule 16, Fed. R. Crim. P.

The defendant has requested production of various documents and tangible objects as well as various scientific reports and laboratory analyses. The defendant has also requested production of any and all statements which the government will attribute to him in the prosecution of this case along with his criminal record and history of prior bad acts.

In response to this request, counsel for the government has stated that he has turned over, or will turn over, or make available for inspection by the defendant, all materials and information to which the defendant is entitled in accordance with the requirements of Rule 16(a)(1) of the Federal Rules of Criminal Procedure. As a result of these representations by counsel for the ...


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