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United States of America v. Jerry Robbins

February 17, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JERRY ROBBINS, 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. # 2.

PRELIMINARY STATEMENT

The defendant, Jerry Robbins, is charged in a twenty-six-count indictment with, inter alia, utilizing his automobile sales business to launder drug proceeds, failing to properly record cash transactions exceeding $10,000 and evading taxes, in violation of Title 18, United States Code, Sections 2; 1956(a)(1)(B)(i); 1956 (a)(1)(B)(ii); 1956(a)(3)(B); 1956 (h); 1957(a); and 2232(a); and Title 31 United States Code Sections 5322(b) and 5331(a). Dkt. #1. The defendant also faces forfeiture of money and real property pursuant to Title 18, United States Code, Sections 998(a)(1) and Title 21, United States Code, Section 853(p). Dkt. #1.

The defendant filed an omnibus motion seeking, as relevant to this decision and order:

(1) Bill of Particulars;

(2) Rule 16 Discovery and Rule 12(b)(4) Notice;

(3) Pretrial Disclosure of Brady Material;

(4) Disclosure of Identity of Informants;

(5) Pretrial Disclosure of Evidence Proffered Under Rule 404(b) and Order of Exclusion;

(6) Review of Personnel Files of Government Agent Witnesses;

(7) Preservation of Evidence;

(8) Disclosure of Rule 807 Residual Exception Statements; and

(9) Leave to Make Further Motions.

Dkt. #25. The government filed a response and request for reciprocal discovery. Dkt. #30. Defendant's motion to dismiss due to violation of the proffer agreement; motion to dismiss due to duplicity; and motion to suppress evidence seized pursuant to the execution of search warrants for Finish Line Auto Sales and 143 Pine Ridge Road are addressed in a separate Report, Recommendation and Order.

DISCUSSION AND ANALYSIS

Bill of Particulars

Defendant seeks a bill of particulars with respect to every count of the indictment in order to prepare for trial and avoid prejudicial ...


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