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16-1137 - USA v. Aispuro-Medina


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16-1137 - USA v. Aispuro-Medina
October 5, 2016
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REPORT AND RECOMMENDATION: This Court recommends that the District Court deny the Motion to Dismiss Count One, the Motion to Dismiss for Vindictive Prosecution, and the Motion to Preclude Expert Testimony (provided the government subsequently establishes the qualifications of the expert witnesses and the reliability of their testimony). The parties have fourteen days from the date of this Report and Recommendation to file written objections. Any objections and Responses to objections filed should be filed as CR 16-01137-TUC-JAS. No Replies shall be filed unless leave is granted from the District Court. Signed by Magistrate Judge Eric J Markovich on 10/4/2016. (DPS)
October 21, 2016
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ORDER adopting 38 Report and Recommendation. The Government will be allowed to use redacted versions of Defendant's prior convictions as discussed above. The Court will contain the Government's expert witness pursuant to Federal Rule of Evidence 703, with specifics to be determined at trial during the witness's testimony. Signed by Judge James A Soto on 10/21/2016. (See Order for complete details) (DPS)