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United States of America v. Charles Reed A/K/A Little

March 19, 2012

UNITED STATES OF AMERICA,
v.
CHARLES REED A/K/A LITTLE CHARLIE, DEFENDANT.



The opinion of the court was delivered by: Seybert, District Judge:

MEMORANDUM & ORDER

On March 14, 2012, the Government filed a letter motion for in limine rulings on the admissibility of certain evidence that the Government intends to offer in its case-inchief against Defendant Charles Reed. After hearing argument from the Government and counsel for Mr. Reed on March 15, 2012, the Court rendered a decision on the record granting the Government's motion and stated that a short written decision would follow. This Memorandum and Order memorializes the Court's decision rendered on the record on March 15, 2012.

BACKGROUND

On September 21, 2011, the Grand Jury handed up a superseding indictment charging Mr. Reed with the following:

(1) conspiracy to distribute and possess with intent to distribute 280 grams or more of a substance containing cocaine base and 500 grams or more of a substance containing cocaine in or between January 2003 and June 2008 within the Eastern District of New York and elsewhere under 21 U.S.C. §§ 846, 841(b)(1)(A)(iii), (ii)(II), 18 U.S.C. § 3551 et seq.; (2) distribution of 28 grams or more of a substance containing cocaine base on or about March 14, 2008 under 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(iii), 18 U.S.C. §§ 2, 3551 et seq.;

(3) distribution of a substance containing cocaine base on or about March 28, 2008 under 21 U.S.C. §§ 841(a)(1),

(b)(1)(C), 18 U.S.C. §§ 2, 3551 et seq.; (4) distribution of 28 grams or more of a substance containing cocaine base on or about April 3, 2008 under 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(iii), 18 U.S.C. §§ 2, 3551 et seq.;

(5) distribution of 28 grams or more of a substance containing cocaine base on or about April 9, 2008 under 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(iii), 18 U.S.C. §§ 2, 3551 et seq.;

(6) distribution of a substance containing cocaine base on or about April 17, 2008 under 21 U.S.C. §§ 841(a)(1),

(b)(1)(C), 18 U.S.C. §§ 2, 3551 et seq.; (7) distribution of a substance containing cocaine base on or about May 2, 2008 under 21 U.S.C. §§ 841(a)(1),

(b)(1)(C), 18 U.S.C. §§ 2, 3551 et seq.; and (8) distribution of a substance containing cocaine base on or about May 8, 2008 under 21 U.S.C. §§ 841(a)(1),

(b)(1)(C), 18 U.S.C. §§ 2, 3551 et seq. The trial is scheduled to begin on March 19, 2012.

DISCUSSION

On March 14, 2012, the Government filed a motion for in limine rulings regarding the admissibility of: (1) evidence of criminal conduct outside of the charged conspiracy; (2) recorded telephone calls made by Mr. Reed while incarcerated pretrial; and (3) ...


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