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United States of v. Adrian Goudelock

December 9, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADRIAN GOUDELOCK, 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 Title 28, United States Code, Section 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #11.

The defendant, Adrian Goudelock, was charged in two counts of a six count indictment returned against eight defendants with having violated Title 21, United States Code, Section 841 and Title 21, United States Code, Section 846. Dkt. #1.

Presently pending before this Court is defendant's motion for disclosure of evidence to establish a conspiracy; a bill of particulars; an order directing the government to turn over a copy of Tape 1D-59; an audibility hearing with respect to Tape 1D-59; additional discovery regarding the recording of Tape 1D-59 and leave to file a motion to suppress Tape 1D-59; inspection of items seized from the defendant's vehicle at the time of his arrest; an order permitting him to join in all of the motions filed by his co-defendants; and leave to file additional motions. Dkt. #107.

The government has filed its response to the foregoing motions, as well as a motion for reciprocal discovery. Dkt. #117.

DISCUSSION AND ANALYSIS

Evidence of Conspiracy

The defendant seeks disclosure of each and every statement of a co-conspirator which will be relied upon at trial pursuant to Rule 801(d)(2)(E) of the Federal Rules of Evidence to demonstrate the existence of a conspiracy in connection with an offer of testimony which would otherwise constitute hearsay. Dkt. #107, p.3.

Rule 801(d)(2)(E) of the Federal Rules of Evidence does not contain a required pretrial notice and therefore, there is no requirement on the part of the government to disclose this type of evidence at this time. As a result, defendant's request in this regard is denied.

Bill of Particulars

The defendant requests the following information in order to adequately prepare a defense and avoid surprise at trial:

1. exact dates that defendant joined and quit the alleged conspiracy;

2. identity of all known but unnamed co-conspirators;

3. each individual with whom defendant had an agreement with respect to the conspiratorial goal;

4. nature of the alleged agreement described in (3);

5. whether defendant's knowledge of the possession and distribution of the controlled substance ...


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