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United States v. Philippeaux

United States District Court, S.D. New York

January 30, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
PHILANDER PHILIPPEAUX, Defendant.

OPINION

ROBERT W. SWEET, District Judge.

Defendant Philander Philippeaux ("Philippeaux" or "Defendant") requests that this Court:

1. Direct the United States of America (the "Government") to provide a Bill of Particulars pursuant to Rule 7 of the Federal Rules of Criminal Procedure;

2. Require the Government to produce confidential informants and confidential witnesses in open court prior to trial, in order to permit Defendant's counsel to ask each such person whether they will speak with Defendant's counsel consistent with United States v. Saa, 859 F.2d 1067 (2d Cir. 1988);

3. Exclude all tape-recorded statements of unavailable declarants consistent with the Sixth Amendment of the U.S. Constitution;

4. Require the Government to: (a) provide reports from tests, analysis, and examinations; (b) preserve all notes of law enforcement agents from witness interviews; (c) provide the telephone numbers, pen register, or other identifying information for any audio, video, or other recorded conversations that the Government intends to introduce at trial; (d) and produce any warrant, affirmation in support of a warrant, statement in support of any warrant, or any other written document submitted to a Court in seeking a warrant upon which evidence was gather which the Government intends to introduce at trial, pursuant to Rule 16 of the Federal Rules of Criminal Procedure;

5. Require the Government to produce certified English transcripts for any Spanish language documents, recordings, or video the Government intends to introduce at trial;

6. Grant leave for Defendant to move in limine to limit or exclude tape recordings and tape transcripts that the government intends to use at trial; and

7. Grant leave to file additional motions.

For the reasons set out below, Plaintiff's motion is granted in part and denied in part.

Prior Proceedings

On April 15, 2013, Defendant was indicted in this District for conspiring to distribute 5 kilograms or more cocaine, from March 2013 to April 2013. Seal Indictment & Superseding Indictment, United States v. Philippeaux, 13 Cr. 277 (S.D.N.Y. April 3, 2014). Defendant's original counsel, prior to withdrawing his representation, filed the instant motion on Defendant's behalf on June 23, 2014.

Subsequently, the Government filed another superseding indictment on August 19, 2014, expanding the time frame of the alleged conspiracy as having taken place from January 2012 to April 2013. See Superseding Indictment, United States v. Philippeaux, 13 Cr. 277 (S.D.N.Y. Aug. 19, 2014). The Government's case against the Defendant centers on two transactions. Id.

The Government claims that in early 2012, the Defendant agreed to purchase approximately 14 kilograms of cocaine from Colombia through a cooperating witness ("CW-1") and one of the Defendant's co-conspirators ("CC-1"), and that CW-1 received the cocaine shipment in Colombia from other co-conspirators located in that country. See Apr. 7, 2014 Tr. of Removal and Pretrial Detention Hr'g, Pl.'s Mem. in Opp'n, App. A, ("Removal Hr'g Tr.") at 5. The Defendant allegedly paid for a portion of the cocaine through money transfers that he sent himself and through various associates. Id . This is referred to as the "2012 Transaction." The Defendant is accused of having attempted to wire approximately $18, 000 from his account on or about January 30, 2013 in furtherance of the 2012 Transaction. See Superseding Indictment ΒΆΒΆ 4, 8, United States v. Philippeaux, 13 Cr. 277 (S.D.N.Y. Aug. 19, 2014).

According to the Government, on April 9, 2013, an undercover DEA informant ("UC-2") picked up a second shipment of approximately 14 kilograms of cocaine in Colombia, which was supplied by Jhon Freddy Potes Joris ("Joris") and sent to the Defendant and another co-conspirator, Junior Ventura ("Ventura"), in New York. Removal Hr'g Tr. at 6. This is referred to as the "2013 Transaction." The Defendant is accused of having met with the Government's cooperating witness ("CW-3") in Queens, New York, to discuss the 2013 ...


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