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15-049 - USA v. Ahmed et al


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15-049 - USA v. Ahmed et al
May 15, 2015
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MEMORANDUM OF LAW & ORDER as to Hamza Naj Ahmed (1). IT IS HEREBY ORDERED that the Defendant's Motion to Appeal his Detention Order and his Motion for Bail 39 is DENIED. The Defendant shall remain in the custody of the U.S. Marshal pending further Order from this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/15/15. (GRR)
May 15, 2015
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MEMORANDUM OF LAW & ORDER as to Guled Ali Omar (6). IT IS HEREBY ORDERED that the Defendant's Motion to Review the Detention Order of Magistrate Judge Thorson 51 is DENIED. The Defendant shall remain in the custody of the U.S. Marshal pending further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/15/15. (GRR)[0:15-mj-00312-MJD]
May 15, 2015
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MEMORANDUM OF LAW & ORDER as to Hanad Mustafe Musse (5). IT IS HEREBY ORDERED that the Defendant's Motion to Review the Detention Order of Magistrate Judge Thorson 35 is DENIED. The Defendant shall remain in the custody of the U.S. Marshal pending further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/15/15. (GRR)[0:15-mj-00312-MJD]
May 15, 2015
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MEMORANDUM OF LAW & ORDER as to Zacharia Yusuf Abdurahman (4). IT IS HEREBY ORDERED that the Defendants Motion to Review the Detention Order of Magistrate Judge Thorson 30 is DENIED. The Defendant shall remain in the custody of the U.S. Marshal pending further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/15/15. (GRR)[0:15-mj-00312-MJD]
May 15, 2015
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MEMORANDUM OF LAW & ORDER as to Adnan Abdihamid Farah (2). IT IS HEREBY ORDERED that the Defendant's Motion to Review the Detention Order of Magistrate Judge Thorson 46 is DENIED. The Defendant shall remain in the custody of the U.S. Marshal pending further Order of this Court. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/15/15. (GRR)[0:15-mj-00312-MJD]
May 26, 2015
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MEMORANDUM OF LAW & ORDER as to Abdurahman Yasin Daud. IT IS HEREBY ORDERED: 1. The Government's Motion for detention pending trial is GRANTED; 2. The Defendant is committed to the custody of the Attorney General for confinement in a correctional facility separate, to the extent possible, from persons awaiting or serving sentences or being held in custody pending appeal; 3. The Defendant shall be provided reasonable opportunities to consult privately with his lawyer; and 4. Upon order of the Court or request of the United States Attorney, the person in charge of the correctional facility in which the Defendant is confined shall deliver the Defendant to the United States Marshal for the purpose of appearance in connection with future court proceedings. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/26/15. (GRR)
July 8, 2015
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ORDER as to Zacharia Yusuf Abdurahman (5). IT IS HEREBY ORDERED that the Defendant's Motion for Pretrial Release 145 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 7/8/15. (GRR)
July 9, 2015
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AMENDED ORDER as to Zacharia Yusuf Abdurahman CORRECTING SPELLING OF DEFENDANTS MIDDLE NAME. (Written Opinion). Signed by Judge Michael J. Davis on 7/9/15. (GRR)
August 28, 2015
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ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)ORDER as to Hamza Naj Ahmed (1), Adnan Abdihamid Farah (3), Abdurahman Yasin Daud (4), Zacharia Yusuf Abdurahman (5), Hanad Mustofe Musse (6), Guled Ali Omar (7). IT IS HEREBY ORDERED that Defendants' Joint Motion to Limit Visible Display of Security During Trial 192 is DENIED without prejudice.(Written Opinion). Signed by Judge Michael J. Davis on 8/28/15. (GRR)
March 18, 2016
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ORDER as to Hamza Naj Ahmed. IT IS HEREBY ORDERED that 1. Withdrawing counsel, JaneAnne Murray, bring to the hearing all billing records related to this matter; 2. Substituting counsel, Mitchell Robinson, bring to the hearing the applicable retainer agreement to provide attorney representation in this matter; 3. The Defendant provide to the Court his justification for substituting counsel at this time; and 4. The Government shall bring to the hearing the discovery turned over to date in this matter. (Written Opinion). Signed by Judge Michael J. Davis on 3/18/16. (GRR)
March 21, 2016
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MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed. IT IS HEREBY ORDERED that the Notice of Attorney Appearance and Substitution 375 is INEFFECTIVE and substitution will not be allowed. JaneAnne Murray shall continue as counsel for the Defendant. (Written Opinion). Signed by Judge Michael J. Davis on 3/21/16. (GRR) Modified text on 3/22/2016 (LEG). cc: Mitchell Robinson.
March 28, 2016
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ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that: 1. The government shall file a motion and supporting memoranda to inquire as to whether there are grounds to disqualify counsel Murad M. Mohamud and P. Chinedu Nwaneri and/or Sheikh Hassan Jami on or before noon, March 29, 2016; 2. All defendants shall file a responsive brief to the government's motion on or before noon, March 31, 2016; 3. Defendants Adnan Farah, Hamza Ahmed, Abdirahman Daud and Guled Ali Omar may each file any motion that relates to the content of the government's motion to inquire on or before noon, March 31, 2016; 4. The government shall file its reply brief and any response to a defense motion on or before noon, April 1, 2016; and 5. A hearing on this matter is scheduled for 2:00 p.m. April 1, 2016 in Courtroom 13E, United States Courthouse, Minneapolis, Minnesota. (Written Opinion). Signed by Judge Michael J. Davis on 3/28/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that: 1. The government shall file a motion and supporting memoranda to inquire as to whether there are grounds to disqualify counsel Murad M. Mohamud and P. Chinedu Nwaneri and/or Sheikh Hassan Jami on or before noon, March 29, 2016; 2. All defendants shall file a responsive brief to the government's motion on or before noon, March 31, 2016; 3. Defendants Adnan Farah, Hamza Ahmed, Abdirahman Daud and Guled Ali Omar may each file any motion that relates to the content of the government's motion to inquire on or before noon, March 31, 2016; 4. The government shall file its reply brief and any response to a defense motion on or before noon, April 1, 2016; and 5. A hearing on this matter is scheduled for 2:00 p.m. April 1, 2016 in Courtroom 13E, United States Courthouse, Minneapolis, Minnesota. (Written Opinion). Signed by Judge Michael J. Davis on 3/28/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that: 1. The government shall file a motion and supporting memoranda to inquire as to whether there are grounds to disqualify counsel Murad M. Mohamud and P. Chinedu Nwaneri and/or Sheikh Hassan Jami on or before noon, March 29, 2016; 2. All defendants shall file a responsive brief to the government's motion on or before noon, March 31, 2016; 3. Defendants Adnan Farah, Hamza Ahmed, Abdirahman Daud and Guled Ali Omar may each file any motion that relates to the content of the government's motion to inquire on or before noon, March 31, 2016; 4. The government shall file its reply brief and any response to a defense motion on or before noon, April 1, 2016; and 5. A hearing on this matter is scheduled for 2:00 p.m. April 1, 2016 in Courtroom 13E, United States Courthouse, Minneapolis, Minnesota. (Written Opinion). Signed by Judge Michael J. Davis on 3/28/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that: 1. The government shall file a motion and supporting memoranda to inquire as to whether there are grounds to disqualify counsel Murad M. Mohamud and P. Chinedu Nwaneri and/or Sheikh Hassan Jami on or before noon, March 29, 2016; 2. All defendants shall file a responsive brief to the government's motion on or before noon, March 31, 2016; 3. Defendants Adnan Farah, Hamza Ahmed, Abdirahman Daud and Guled Ali Omar may each file any motion that relates to the content of the government's motion to inquire on or before noon, March 31, 2016; 4. The government shall file its reply brief and any response to a defense motion on or before noon, April 1, 2016; and 5. A hearing on this matter is scheduled for 2:00 p.m. April 1, 2016 in Courtroom 13E, United States Courthouse, Minneapolis, Minnesota. (Written Opinion). Signed by Judge Michael J. Davis on 3/28/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that: 1. The government shall file a motion and supporting memoranda to inquire as to whether there are grounds to disqualify counsel Murad M. Mohamud and P. Chinedu Nwaneri and/or Sheikh Hassan Jami on or before noon, March 29, 2016; 2. All defendants shall file a responsive brief to the government's motion on or before noon, March 31, 2016; 3. Defendants Adnan Farah, Hamza Ahmed, Abdirahman Daud and Guled Ali Omar may each file any motion that relates to the content of the government's motion to inquire on or before noon, March 31, 2016; 4. The government shall file its reply brief and any response to a defense motion on or before noon, April 1, 2016; and 5. A hearing on this matter is scheduled for 2:00 p.m. April 1, 2016 in Courtroom 13E, United States Courthouse, Minneapolis, Minnesota. (Written Opinion). Signed by Judge Michael J. Davis on 3/28/16. (GRR)
March 31, 2016
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ORDER as to Mohamed Abdihamid Farah (2). IT IS HEREBY ORDERED that Defendant's Motion for Writ of Habeas Corpus Ad Testificandum 385 is DENIED.(Written Opinion). Signed by Judge Michael J. Davis on 3/31/16. (GRR)
April 1, 2016
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PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).PROTECTIVE ORDER PERTAINING TO RULE 16 DISCOVERY regarding Motion for Protective Order 405 as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustofe Musse, Guled Ali Omar. (Written Opinion). Signed by Judge Michael J. Davis on 4/1/16. (GRR) Modified text on 4/4/2016 (LEG).
April 5, 2016
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MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed (1), Mohamed Abdihamid Farah (2), Adnan Abdihamid Farah (3), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that: 1. Government's Motion for Inquiry 384 is dismissed as moot; 2. Defendant Guled Omar's Motions in Limine 388 are dismissed as moot; 3. Defendant Mohamed Farah's Motion to Dismiss the Government's Motion 389 is dismissed as moot; 4. Defendant Abdirahman Daud's Motion for Severance 390 is dismissed as moot; 5. Defendant Hamza Ahmed's Motion to Exclude or for Severance 395 is dismissed as moot; and 6. Defendant Adnan Farah's Motion for Severance 404 is dismissed as moot. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/16. (GRR)MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed (1), Mohamed Abdihamid Farah (2), Adnan Abdihamid Farah (3), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that: 1. Government's Motion for Inquiry 384 is dismissed as moot; 2. Defendant Guled Omar's Motions in Limine 388 are dismissed as moot; 3. Defendant Mohamed Farah's Motion to Dismiss the Government's Motion 389 is dismissed as moot; 4. Defendant Abdirahman Daud's Motion for Severance 390 is dismissed as moot; 5. Defendant Hamza Ahmed's Motion to Exclude or for Severance 395 is dismissed as moot; and 6. Defendant Adnan Farah's Motion for Severance 404 is dismissed as moot. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/16. (GRR)MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed (1), Mohamed Abdihamid Farah (2), Adnan Abdihamid Farah (3), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that: 1. Government's Motion for Inquiry 384 is dismissed as moot; 2. Defendant Guled Omar's Motions in Limine 388 are dismissed as moot; 3. Defendant Mohamed Farah's Motion to Dismiss the Government's Motion 389 is dismissed as moot; 4. Defendant Abdirahman Daud's Motion for Severance 390 is dismissed as moot; 5. Defendant Hamza Ahmed's Motion to Exclude or for Severance 395 is dismissed as moot; and 6. Defendant Adnan Farah's Motion for Severance 404 is dismissed as moot. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/16. (GRR)MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed (1), Mohamed Abdihamid Farah (2), Adnan Abdihamid Farah (3), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that: 1. Government's Motion for Inquiry 384 is dismissed as moot; 2. Defendant Guled Omar's Motions in Limine 388 are dismissed as moot; 3. Defendant Mohamed Farah's Motion to Dismiss the Government's Motion 389 is dismissed as moot; 4. Defendant Abdirahman Daud's Motion for Severance 390 is dismissed as moot; 5. Defendant Hamza Ahmed's Motion to Exclude or for Severance 395 is dismissed as moot; and 6. Defendant Adnan Farah's Motion for Severance 404 is dismissed as moot. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/16. (GRR)MEMORANDUM OPINION AND ORDER as to Hamza Naj Ahmed (1), Mohamed Abdihamid Farah (2), Adnan Abdihamid Farah (3), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that: 1. Government's Motion for Inquiry 384 is dismissed as moot; 2. Defendant Guled Omar's Motions in Limine 388 are dismissed as moot; 3. Defendant Mohamed Farah's Motion to Dismiss the Government's Motion 389 is dismissed as moot; 4. Defendant Abdirahman Daud's Motion for Severance 390 is dismissed as moot; 5. Defendant Hamza Ahmed's Motion to Exclude or for Severance 395 is dismissed as moot; and 6. Defendant Adnan Farah's Motion for Severance 404 is dismissed as moot. (Written Opinion). Signed by Judge Michael J. Davis on 4/5/16. (GRR)
April 14, 2016
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ORDER as to Adnan Abdihamid Farah (3). IT IS HEREBY ORDERED that the Motion to Appoint Counsel 444 is GRANTED. Kenneth U. Udoibok is hereby appointed counsel for Defendant Adnan Farah pursuant to the Criminal Justice Act, 18 U.S.C. ยง 3006A as of the date of this Order. (Written Opinion). Signed by Judge Michael J. Davis on 4/14/16. (GRR)
April 25, 2016
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ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED: 1. Government's Motion to Admit Rule 404(b) Evidence 419 and 420 is GRANTED. Evidence concerning Defendant Guled Omar's 2012 attempt to travel to Kenya in order join al Shabaab, including evidence that Defendant Guled Omar provided separate rides to Mohamed Guled Osman a/k/a Bashi and Omar Ali Farah, a/k/a Khalif to the airport so that they could travel overseas and join al Shabaab in 2012, is admissible. At trial, the Court will provide the appropriate limiting instruction that the evidence cannot be considered as against Defendants Abdirahman Daud and Mohamed Farah, and can be considered against Defendant Guled Omar only to show intent as it relates to Counts 1, 2, 3 and 4 of the Second Superseding Indictment; 2. Government's Motion to Bar Defendants from Mentioning Penalties 421 is GRANTED. Defense counsel may not elicit any testimony or make any statement concerning the potential penalties defendants face if convicted of the crimes charged in the presence of the jury. Defendants may, on cross-examination of the cooperating witnesses and the uncharged CHS, inquire with respect to their understanding of the benefits of their agreements to cooperate with the Government, including the penalties that they could have faced had they not entered into a cooperation agreement. See United States v. Caldwell, 88 F.3d 522 (8th Cir. 1996); United States v. Roan Eagle, 867 F.2d 436 (8th Cir. 1989); 3. Government's Motion for Protective Order Pertaining to Undercover Agent 422 is GRANTED. The Government shall submit to the Court, in camera, the true name of the Undercover Agent, and any information concerning any prior cases in which the Undercover Agent testified; 4. Government's Motion to Preclude References Before Jury to Government Conduct 423 is GRANTED. The Government is instructed to have available and under subpoena those government agents who participated in the witness interviews reflected in the 302s in the event that at trial, a witness denies making a statement which was attributed to him by said government agent in the 302. In the event a cooperating witness denies making a statement contained in a 302, any Defendant who seeks to call the relevant government agent for impeachment purposes shall provide notice to the Government within 24 hours of such denial. If no notice is timely given, the Government may release the agent from its subpoena; 5. Government's Motion to Preclude Evidence of Combatant Immunity or Other Affirmative Defense 424 is GRANTED. The Court finds that the offer of proof included in Defendants' opposition brief 465 is not sufficient to warrant evidence or arguments related to the affirmative defenses of self defense/defense of others and combatant immunity. Accordingly, Defendants are precluded from eliciting testimony or other evidence or offering argument that they agreed to travel to Syria in defense of others or that they believed they would participate in lawful combat by joining ISIL or that joining and fighting with ISIL was legally justified for any reason; 6. Government's Motion for Expert Witness Disclosure 447 is RESERVED pending argument on April 26, 2016; 7. Defendants' Motion for a Written Juror Questionnaire 182 and the Supplemental Motion for Written Juror Questionnaire 412 are DENIED. Defendants will each be given 30 minutes and the government 60 minutes to ask prospective jurors questions following the Courts examination; 8. Defendant Daud's Motion to Exclude or Limit Expert Testimony 414 and Defendant Omar's Motion to Exclude Expert Testimony 426 are DENIED. The Government has demonstrated that its expert, Charles Lister, will provide reliable and admissible expert testimony about, inter alia, the history and politics of the Syrian insurgency, the history and methods used by ISIL, why foreign fighters would want to achieve martyrdom, as well as the origins, history and present day beliefs of Islamic extremism and the language used to describe those beliefs. [468-1] The Government has also demonstrated that Charles Lister is qualified to provide expert testimony on these topics; 9. Defendant Daud's Motion for Financial Information on Expert Compensation 415 is GRANTED as follows: the Government shall disclose the hourly fees and expenses paid to its expert concerning this case only; 10. Defendant Daud's Motion to Sequester Witnesses 416 is GRANTED. All government witnesses and all defense witnesses shall be sequestered pursuant to Fed. R. Evid. 615. The Government's lead case agent, FBI Agent John Thomas, may sit at counsel table throughout trial; 11.Defendant Daud's Motion to Bar Government from Labeling Defendants with Prejudicial Terms 418 is RESERVED pending argument on April 26, 2016; 12. Defendant Omar's Motion to Join Motions at Doc. Nos. 414, 415, 416 and 418. 425 is GRANTED; 13. Defendant Daud's Motion to Disclose Exculpatory Evidence Related to Abdirahman Bashir 448 is DENIED AS MOOT; and 14. Defendant Daud's Motion Re: Defendant's Citizenship Status and Application 450 is RESERVED pending argument on April 26, 2016. (Written Opinion). Signed by Judge Michael J. Davis on 4/25/16. (GRR)ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED: 1. Government's Motion to Admit Rule 404(b) Evidence 419 and 420 is GRANTED. Evidence concerning Defendant Guled Omar's 2012 attempt to travel to Kenya in order join al Shabaab, including evidence that Defendant Guled Omar provided separate rides to Mohamed Guled Osman a/k/a Bashi and Omar Ali Farah, a/k/a Khalif to the airport so that they could travel overseas and join al Shabaab in 2012, is admissible. At trial, the Court will provide the appropriate limiting instruction that the evidence cannot be considered as against Defendants Abdirahman Daud and Mohamed Farah, and can be considered against Defendant Guled Omar only to show intent as it relates to Counts 1, 2, 3 and 4 of the Second Superseding Indictment; 2. Government's Motion to Bar Defendants from Mentioning Penalties 421 is GRANTED. Defense counsel may not elicit any testimony or make any statement concerning the potential penalties defendants face if convicted of the crimes charged in the presence of the jury. Defendants may, on cross-examination of the cooperating witnesses and the uncharged CHS, inquire with respect to their understanding of the benefits of their agreements to cooperate with the Government, including the penalties that they could have faced had they not entered into a cooperation agreement. See United States v. Caldwell, 88 F.3d 522 (8th Cir. 1996); United States v. Roan Eagle, 867 F.2d 436 (8th Cir. 1989); 3. Government's Motion for Protective Order Pertaining to Undercover Agent 422 is GRANTED. The Government shall submit to the Court, in camera, the true name of the Undercover Agent, and any information concerning any prior cases in which the Undercover Agent testified; 4. Government's Motion to Preclude References Before Jury to Government Conduct 423 is GRANTED. The Government is instructed to have available and under subpoena those government agents who participated in the witness interviews reflected in the 302s in the event that at trial, a witness denies making a statement which was attributed to him by said government agent in the 302. In the event a cooperating witness denies making a statement contained in a 302, any Defendant who seeks to call the relevant government agent for impeachment purposes shall provide notice to the Government within 24 hours of such denial. If no notice is timely given, the Government may release the agent from its subpoena; 5. Government's Motion to Preclude Evidence of Combatant Immunity or Other Affirmative Defense 424 is GRANTED. The Court finds that the offer of proof included in Defendants' opposition brief 465 is not sufficient to warrant evidence or arguments related to the affirmative defenses of self defense/defense of others and combatant immunity. Accordingly, Defendants are precluded from eliciting testimony or other evidence or offering argument that they agreed to travel to Syria in defense of others or that they believed they would participate in lawful combat by joining ISIL or that joining and fighting with ISIL was legally justified for any reason; 6. Government's Motion for Expert Witness Disclosure 447 is RESERVED pending argument on April 26, 2016; 7. Defendants' Motion for a Written Juror Questionnaire 182 and the Supplemental Motion for Written Juror Questionnaire 412 are DENIED. Defendants will each be given 30 minutes and the government 60 minutes to ask prospective jurors questions following the Courts examination; 8. Defendant Daud's Motion to Exclude or Limit Expert Testimony 414 and Defendant Omar's Motion to Exclude Expert Testimony 426 are DENIED. The Government has demonstrated that its expert, Charles Lister, will provide reliable and admissible expert testimony about, inter alia, the history and politics of the Syrian insurgency, the history and methods used by ISIL, why foreign fighters would want to achieve martyrdom, as well as the origins, history and present day beliefs of Islamic extremism and the language used to describe those beliefs. [468-1] The Government has also demonstrated that Charles Lister is qualified to provide expert testimony on these topics; 9. Defendant Daud's Motion for Financial Information on Expert Compensation 415 is GRANTED as follows: the Government shall disclose the hourly fees and expenses paid to its expert concerning this case only; 10. Defendant Daud's Motion to Sequester Witnesses 416 is GRANTED. All government witnesses and all defense witnesses shall be sequestered pursuant to Fed. R. Evid. 615. The Government's lead case agent, FBI Agent John Thomas, may sit at counsel table throughout trial; 11.Defendant Daud's Motion to Bar Government from Labeling Defendants with Prejudicial Terms 418 is RESERVED pending argument on April 26, 2016; 12. Defendant Omar's Motion to Join Motions at Doc. Nos. 414, 415, 416 and 418. 425 is GRANTED; 13. Defendant Daud's Motion to Disclose Exculpatory Evidence Related to Abdirahman Bashir 448 is DENIED AS MOOT; and 14. Defendant Daud's Motion Re: Defendant's Citizenship Status and Application 450 is RESERVED pending argument on April 26, 2016. (Written Opinion). Signed by Judge Michael J. Davis on 4/25/16. (GRR)ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED: 1. Government's Motion to Admit Rule 404(b) Evidence 419 and 420 is GRANTED. Evidence concerning Defendant Guled Omar's 2012 attempt to travel to Kenya in order join al Shabaab, including evidence that Defendant Guled Omar provided separate rides to Mohamed Guled Osman a/k/a Bashi and Omar Ali Farah, a/k/a Khalif to the airport so that they could travel overseas and join al Shabaab in 2012, is admissible. At trial, the Court will provide the appropriate limiting instruction that the evidence cannot be considered as against Defendants Abdirahman Daud and Mohamed Farah, and can be considered against Defendant Guled Omar only to show intent as it relates to Counts 1, 2, 3 and 4 of the Second Superseding Indictment; 2. Government's Motion to Bar Defendants from Mentioning Penalties 421 is GRANTED. Defense counsel may not elicit any testimony or make any statement concerning the potential penalties defendants face if convicted of the crimes charged in the presence of the jury. Defendants may, on cross-examination of the cooperating witnesses and the uncharged CHS, inquire with respect to their understanding of the benefits of their agreements to cooperate with the Government, including the penalties that they could have faced had they not entered into a cooperation agreement. See United States v. Caldwell, 88 F.3d 522 (8th Cir. 1996); United States v. Roan Eagle, 867 F.2d 436 (8th Cir. 1989); 3. Government's Motion for Protective Order Pertaining to Undercover Agent 422 is GRANTED. The Government shall submit to the Court, in camera, the true name of the Undercover Agent, and any information concerning any prior cases in which the Undercover Agent testified; 4. Government's Motion to Preclude References Before Jury to Government Conduct 423 is GRANTED. The Government is instructed to have available and under subpoena those government agents who participated in the witness interviews reflected in the 302s in the event that at trial, a witness denies making a statement which was attributed to him by said government agent in the 302. In the event a cooperating witness denies making a statement contained in a 302, any Defendant who seeks to call the relevant government agent for impeachment purposes shall provide notice to the Government within 24 hours of such denial. If no notice is timely given, the Government may release the agent from its subpoena; 5. Government's Motion to Preclude Evidence of Combatant Immunity or Other Affirmative Defense 424 is GRANTED. The Court finds that the offer of proof included in Defendants' opposition brief 465 is not sufficient to warrant evidence or arguments related to the affirmative defenses of self defense/defense of others and combatant immunity. Accordingly, Defendants are precluded from eliciting testimony or other evidence or offering argument that they agreed to travel to Syria in defense of others or that they believed they would participate in lawful combat by joining ISIL or that joining and fighting with ISIL was legally justified for any reason; 6. Government's Motion for Expert Witness Disclosure 447 is RESERVED pending argument on April 26, 2016; 7. Defendants' Motion for a Written Juror Questionnaire 182 and the Supplemental Motion for Written Juror Questionnaire 412 are DENIED. Defendants will each be given 30 minutes and the government 60 minutes to ask prospective jurors questions following the Courts examination; 8. Defendant Daud's Motion to Exclude or Limit Expert Testimony 414 and Defendant Omar's Motion to Exclude Expert Testimony 426 are DENIED. The Government has demonstrated that its expert, Charles Lister, will provide reliable and admissible expert testimony about, inter alia, the history and politics of the Syrian insurgency, the history and methods used by ISIL, why foreign fighters would want to achieve martyrdom, as well as the origins, history and present day beliefs of Islamic extremism and the language used to describe those beliefs. [468-1] The Government has also demonstrated that Charles Lister is qualified to provide expert testimony on these topics; 9. Defendant Daud's Motion for Financial Information on Expert Compensation 415 is GRANTED as follows: the Government shall disclose the hourly fees and expenses paid to its expert concerning this case only; 10. Defendant Daud's Motion to Sequester Witnesses 416 is GRANTED. All government witnesses and all defense witnesses shall be sequestered pursuant to Fed. R. Evid. 615. The Government's lead case agent, FBI Agent John Thomas, may sit at counsel table throughout trial; 11.Defendant Daud's Motion to Bar Government from Labeling Defendants with Prejudicial Terms 418 is RESERVED pending argument on April 26, 2016; 12. Defendant Omar's Motion to Join Motions at Doc. Nos. 414, 415, 416 and 418. 425 is GRANTED; 13. Defendant Daud's Motion to Disclose Exculpatory Evidence Related to Abdirahman Bashir 448 is DENIED AS MOOT; and 14. Defendant Daud's Motion Re: Defendant's Citizenship Status and Application 450 is RESERVED pending argument on April 26, 2016. (Written Opinion). Signed by Judge Michael J. Davis on 4/25/16. (GRR)
May 9, 2016
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ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). 1. Government's Request for Judicial Notice 497 is GRANTED; 2. Government's Motion to Allow Special Agent Carson Green to Sit at Counsel Table 498 is GRANTED; 3. Motion to Limit the Impeachment of Abdullahi Yusuf and Abdirahman Bashir 499 is RESERVED; 4. Defendant Daud's Motion Regarding Summary Statement of USCIS Officer Opining on Defendant's Credibility 504 is GRANTED. Page 21 of Government Exhibit No. 14 (00032347) will be EXCLUDED; 5. Defendant Daud's Motion to Disclose Medical Records of Abdirahman Bashir 500 is RESERVED. The Government shall submit to the Court for in camera review medical records related to Abdirahman Bashir's admittance to the Scripps Highland Hospital in San Diego, California on August 31, 2015, including any psychologist reports. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). 1. Government's Request for Judicial Notice 497 is GRANTED; 2. Government's Motion to Allow Special Agent Carson Green to Sit at Counsel Table 498 is GRANTED; 3. Motion to Limit the Impeachment of Abdullahi Yusuf and Abdirahman Bashir 499 is RESERVED; 4. Defendant Daud's Motion Regarding Summary Statement of USCIS Officer Opining on Defendant's Credibility 504 is GRANTED. Page 21 of Government Exhibit No. 14 (00032347) will be EXCLUDED; 5. Defendant Daud's Motion to Disclose Medical Records of Abdirahman Bashir 500 is RESERVED. The Government shall submit to the Court for in camera review medical records related to Abdirahman Bashir's admittance to the Scripps Highland Hospital in San Diego, California on August 31, 2015, including any psychologist reports. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). 1. Government's Request for Judicial Notice 497 is GRANTED; 2. Government's Motion to Allow Special Agent Carson Green to Sit at Counsel Table 498 is GRANTED; 3. Motion to Limit the Impeachment of Abdullahi Yusuf and Abdirahman Bashir 499 is RESERVED; 4. Defendant Daud's Motion Regarding Summary Statement of USCIS Officer Opining on Defendant's Credibility 504 is GRANTED. Page 21 of Government Exhibit No. 14 (00032347) will be EXCLUDED; 5. Defendant Daud's Motion to Disclose Medical Records of Abdirahman Bashir 500 is RESERVED. The Government shall submit to the Court for in camera review medical records related to Abdirahman Bashir's admittance to the Scripps Highland Hospital in San Diego, California on August 31, 2015, including any psychologist reports. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). 1. Government's Request for Judicial Notice 497 is GRANTED; 2. Government's Motion to Allow Special Agent Carson Green to Sit at Counsel Table 498 is GRANTED; 3. Motion to Limit the Impeachment of Abdullahi Yusuf and Abdirahman Bashir 499 is RESERVED; 4. Defendant Daud's Motion Regarding Summary Statement of USCIS Officer Opining on Defendant's Credibility 504 is GRANTED. Page 21 of Government Exhibit No. 14 (00032347) will be EXCLUDED; 5. Defendant Daud's Motion to Disclose Medical Records of Abdirahman Bashir 500 is RESERVED. The Government shall submit to the Court for in camera review medical records related to Abdirahman Bashir's admittance to the Scripps Highland Hospital in San Diego, California on August 31, 2015, including any psychologist reports. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)
May 9, 2016
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ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that the government shall disclose the true name of the Undercover Agent to defense counsel. Defense counsel shall not disclose the Undercover Agent's true name to the defendants. The government shall also disclose to defense counsel the three cases listed in its submission to the Court in which the Undercover Agent provided testimony. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that the government shall disclose the true name of the Undercover Agent to defense counsel. Defense counsel shall not disclose the Undercover Agent's true name to the defendants. The government shall also disclose to defense counsel the three cases listed in its submission to the Court in which the Undercover Agent provided testimony. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. IT IS HEREBY ORDERED that the government shall disclose the true name of the Undercover Agent to defense counsel. Defense counsel shall not disclose the Undercover Agent's true name to the defendants. The government shall also disclose to defense counsel the three cases listed in its submission to the Court in which the Undercover Agent provided testimony. (Written Opinion). Signed by Judge Michael J. Davis on 5/9/16. (GRR)
May 13, 2016
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ORDER as to Abdirahman Yasin Daud (4). IT IS HEREBY ORDERED that Defendant Daud's Motion for Disclosure of Medical Records 500 is GRANTED. The government shall turn over to the defense the medical records submitted to the Court in camera from Scripps La Jolla Hospital and the Jane Westin Center. (Written Opinion). Signed by Judge Michael J. Davis on 5/12/16. (GRR)ORDER as to Abdirahman Yasin Daud (4). IT IS HEREBY ORDERED that Defendant Daud's Motion for Disclosure of Medical Records 500 is GRANTED. The government shall turn over to the defense the medical records submitted to the Court in camera from Scripps La Jolla Hospital and the Jane Westin Center. (Written Opinion). Signed by Judge Michael J. Davis on 5/12/16. (GRR)ORDER as to Abdirahman Yasin Daud (4). IT IS HEREBY ORDERED that Defendant Daud's Motion for Disclosure of Medical Records 500 is GRANTED. The government shall turn over to the defense the medical records submitted to the Court in camera from Scripps La Jolla Hospital and the Jane Westin Center. (Written Opinion). Signed by Judge Michael J. Davis on 5/12/16. (GRR)
May 13, 2016
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MEMORANDUM OPINION AND ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that the government's motion to limit impeachment evidence 499 is GRANTED in part as follows: evidence concerning the basis for the revocation of Yusuf's placement at the halfway house is improper impeachment and is excluded. Defense counsel may raise the fact that Yusufs placement at the halfway house was revoked, but may not inquire into the basis of the revocation. The remainder of the governments motion is under advisement.(Written Opinion). Signed by Judge Michael J. Davis on 5/13/16. (GRR)MEMORANDUM OPINION AND ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that the government's motion to limit impeachment evidence 499 is GRANTED in part as follows: evidence concerning the basis for the revocation of Yusuf's placement at the halfway house is improper impeachment and is excluded. Defense counsel may raise the fact that Yusufs placement at the halfway house was revoked, but may not inquire into the basis of the revocation. The remainder of the governments motion is under advisement.(Written Opinion). Signed by Judge Michael J. Davis on 5/13/16. (GRR)MEMORANDUM OPINION AND ORDER as to Mohamed Abdihamid Farah (2), Abdirahman Yasin Daud (4), Guled Ali Omar (7). IT IS HEREBY ORDERED that the government's motion to limit impeachment evidence 499 is GRANTED in part as follows: evidence concerning the basis for the revocation of Yusuf's placement at the halfway house is improper impeachment and is excluded. Defense counsel may raise the fact that Yusufs placement at the halfway house was revoked, but may not inquire into the basis of the revocation. The remainder of the governments motion is under advisement.(Written Opinion). Signed by Judge Michael J. Davis on 5/13/16. (GRR)
May 13, 2016
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ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. The Court will exercise its authority to maintain public safety within the courthouse and during the trial in the above matter and bar Khadar Ali Omar from the United States Courthouse located at 300 South Fourth Street, Minneapolis, Minnesota for the remainder of the trial in the above matter. (Written Opinion). Signed by Chief Judge John R. Tunheim on 5/13/16. (GRR)ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. The Court will exercise its authority to maintain public safety within the courthouse and during the trial in the above matter and bar Khadar Ali Omar from the United States Courthouse located at 300 South Fourth Street, Minneapolis, Minnesota for the remainder of the trial in the above matter. (Written Opinion). Signed by Chief Judge John R. Tunheim on 5/13/16. (GRR)ORDER as to Mohamed Abdihamid Farah, Abdirahman Yasin Daud, Guled Ali Omar. The Court will exercise its authority to maintain public safety within the courthouse and during the trial in the above matter and bar Khadar Ali Omar from the United States Courthouse located at 300 South Fourth Street, Minneapolis, Minnesota for the remainder of the trial in the above matter. (Written Opinion). Signed by Chief Judge John R. Tunheim on 5/13/16. (GRR)
June 1, 2016
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ORDER as to Abdirahman Yasin Daud (4). IT IS HEREBY ORDERED that Defendant's Motion for Supplemental Jury Instruction 571 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 6/1/16. (GRR)
June 17, 2016
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ORDER as to Mohamed Abdihamid Farah (2). IT IS HEREBY ORDERED the Motion for Appointment of Counsel 539 is GRANTED nunc pro tunc from May 9, 2016. (Written Opinion). Signed by Judge Michael J. Davis on 6/17/16. (GRR)
August 12, 2016
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ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)ORDER as to Hamza Naj Ahmed, Mohamed Abdihamid Farah, Adnan Abdihamid Farah, Abdirahman Yasin Daud, Zacharia Yusuf Abdurahman, Hanad Mustafe Musse, Guled Ali Omar. IT IS HEREBY ORDERED, that the government is directed to continually update the Report to the Court until the above defendants have been sentenced.(Written Opinion). Signed by Judge Michael J. Davis on 8/12/16. (GRR)
October 5, 2016
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ORDER as to Hamza Naj Ahmed (1). IT IS HEREBY ORDERED that Defendant's Motion for Discovery 664 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 10/5/16. (GRR)