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United States v. Findley

October 28, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
IAN FINDLEY, 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. Dkt. #13.

PRELIMINARY STATEMENT

The defendant, Ian Findley, is charged with Jaleesa Findley in a two-count Indictment with having violated Title 21, United States Code, Section 846 (Counts 1 and 2) and Title 18, United States Code, Section 2 (Count 2). Dkt. #1. Specifically, Count 1 of the Indictment charges that between in or about 2007 and on or about June 3, 2009, the defendants conspired to possess with the intent to distribute 100 kilograms or more of a mixture and substance containing marijuana. Id. Count 2 charges that on or about June 3, 2009, the defendants attempted to possess with the intent to distribute 50 kilograms or more of a mixture and substance containing marijuana. Id.

Presently pending before this Court is the defendant's second motion for discovery and a motion for severance. Dkt. #42. The government has filed its response to the pending motions. Dkt. #43. Oral argument on defendant's motion to sever was held on September 30, 2010.

DISCUSSION AND ANALYSIS

Discovery and Inspection

The defendant readily admits that the government has provided voluntary discovery. Pursuant to Federal Rules of Criminal Procedure Rule 16(a)(1)(A)(B)(D)(E)(F) and (G), the defendant now moves to compel the disclosure "of any items or information to which the defendant is entitled, but was not previously provided and further that which was subject to the prior Decision and Order on the prior Discovery Omnibus Motion." Dkt. #42, pp.2-3. Specifically, the defendant seeks disclosure of:

a. A copy of Defendant's Alien file ("A-file").

b. A copy of the air surveillance video referred to as "ex N-2 in the June 4, 2009 DEA Report of Investigation."

c. "The search warrant application and the Affidavits for the search warrant applied for in the Town of Cheektowaga Justice Court. In the Criminal Complaint after K-9s reacted positively to the presence of drugs on four parcels, DEA Task Force Agent Kevin Schmidt applied for and received the search warrant signed by Cheektowaga Town Justice Thomas S. Kolbert."

d. Applications, affidavits and search warrants for 468 Dartmouth Avenue and 242 LeRoy Avenue, Buffalo, NY.

Dkt. #42, p.3.

In its response, the ...


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