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United States v. Trecartin

March 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICKY TRECARTIN, 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. William M. Skretny, 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, Ricky Trecartin ("the defendant"), is charged in a one count Indictment with conspiring to smuggle more than 6,800 ecstacy tablets into the United States from Canada in violation of Title 21 U.S.C. § 963. (Docket # 20). He has filed an omnibus motion wherein he seeks: (1) "discovery pursuant to FRCrP 16;" (2) "fixing a time for disclosure of Title 18, USC. § 3500, FRE § (sic) 404(b), FRE § (sic) 609, FRE 807, and FRCrP § (sic) 16(a)(1)(E)*fn1 materials;" and (3) "leave to file such additional motions which may become necessary as a result of the above motions." (Docket #30).

The government has filed its response to the defendant's motions. (Docket #32).

Each of the aforesaid requests of the defendant will be separately addressed herein.

DISCUSSION AND ANALYSIS

1. Defendant's Motion For Rule 16 Fed. R. Crim. P. Discovery:

The defendant has set forth a lengthy list of information and materials he seeks to have produced by the government pursuant to Rule 16 of the Fed. R. Crim. P. (Docket #30, pp. 4-12).

In response to this request, the government asserts that "it has complied with its obligations to provide disclosures of all information within the scope of Fed. R. Crim. P. 16." (Docket #32, p. 6).

Based on the government's representation of compliance, the defendant's motion is DENIED on the basis that it is moot.

2. Defendant's Motion Requesting A "Fixing Of Time For Disclosure Of Title 18, USC § 3500 Materials:"

Title 18 U.S.C. ยง3500 only requires that statements of witnesses called by the government be turned over to the defendant after the witness has completed his testimony on direct examination. Nevertheless, if the government has adopted a policy of turning such information over to the defendant prior to trial, the government is hereby directed to comply with that policy, or in the ...


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