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05-325 - USA v. Impastato


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05-325 - USA v. Impastato
August 28, 2007
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ORDER and REASONS: granting 67 Motion in Limine to Preclude Defendant From Asserting Attorney-Client Privilege as to Neil Hall; granting 75 Motion in Limine to exclude argument as to prosecutorial motives; deferring ruling on 76 Motion use of a summary witness at trial; granting in part and denying in part 77 Motion exclude evidence of speficic instances as to Joseph Anthony Impastato (1); granting 94 Motion to Sever Defendant Counts 8 to 11 as to Joseph Anthony Impastato (1); FURTHER ORDERED that the Motion to Exclude Argument and Jury Instruction Stemming from Reliance on Advice of Counsel Defense (Rec.Doc.No. 118)(Sealed) is DENIED. Signed by Judge Stanwood R. Duval Jr. on 8/28/07. (blg)
February 7, 2008
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ORDER granting in part and denying in part 140 Motion to Strike Forfeiture Allegations as to Joseph Anthony Impastato (1); None of the forfeiture allegations shall be stricken from the indictment. However, the Defendants trial shall be bifurcated into a guilt phase and a forfeiture phase. The forfeiture phase will immediately follow the guilt phase. The Defendants request for pretrial discovery of the source and disposition of the funds allegedly forming the basis of the criminal and forfeiture counts is denied. Signed by Judge Stanwood R. Duval Jr. on 2/7/08. (blg)
February 20, 2008
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ORDER denying 188 Motion for Reconsideration as to Joseph Anthony Impastato (1). Signed by Judge Stanwood R. Duval Jr. on 2/20/08. (blg)
March 5, 2008
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ORDER granting in part and denying in part 183 Motion to Quash as to Joseph Anthony Impastato (1). The Court will issue a sealed order to the Defendant regarding specific issues regarding the subpoenas. This order will be unsealed when the subpoenas are returned by the witnesses. FURTHER ORDERED that revised subpoenas duces tecum shall be submitted to the Court for in camera review no later than March 12, 2008. The Court will review the subpoenas for compliance and submit them to the Defendant to issue within two days. Earlier submission to the Court by the Defense will result in earlier review by the Court. The subpoenas shall be made returnable to the Clerks Office no later than March 31, 2008. Signed by Judge Stanwood R. Duval Jr. on 3/5/08. (blg)
March 17, 2008
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ORDER that the pretrial hearing subpoenas to attorney James Blazek and Lee and Diane Mauberret be WITHDRAWN by the defense; and ORDER denying as moot 200 Motion to Quash; and 204 Motion for Leave to File Response. Signed by Judge Stanwood R. Duval Jr. on 3/17/08. (blg)
March 25, 2008
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MEMORANDUM AND ORDER as to Joseph Anthony Impastato, GRANTING 129 MOTION in Limine to Preclude Introduction of Attorney Legal Opinion Evidence filed by USA. FURTHER ORDERED that the Defendant may not proffer the defense of reliance on the advice of counsel; and IT IS FURTHER ORDERED that the proffered legal opinion evidence, the Fawer Letter and the Hill Memo, are INADMISSIBLE as evidence of the Defendants state of mind. Signed by Judge Stanwood R. Duval Jr. on 3/25/08. (blg)