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06-029 - USA v. CHEATHAM et al


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06-029 - USA v. CHEATHAM et al
August 16, 2007
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MEMORANDUM OPINION AND ORDER OF COURT - Granting in Part 178 Motion for Jencks Material in Advance of Trial and the Government shall provide notice to the defendant pursuant to Federal Rule of Criminal Procedure 12(b)(4)(B) on or before 9/6/2007 and the Government shall preserve all communications and rough notes in its possession as stipulated by it in its response to the Defendant's motion and also produce to the Court for in camera inspection on or before 9/6/2007 all rough notes and draft reports of the investigating law enforcement personnel assigned to this investigation for a determination as to any necessary production to the defendant pursuant to the Jencks Act, Brady v. Maryland or Giglio v. United States; DENIED IN PART as to the remainder of the Defendant's 178 Motion for Jencks Material in Advance of Trial; and DENIED IN PART as to the entirety of Defendant's 178 Motion to Dismiss Indictment,denying 178 Motion for Bill of Particulars and 178 Motion for "James" Hearing and for Disclosure of Alleged Co-conspirators' Statements, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 8/16/2007. (dlg)
February 1, 2008
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MEMORANDUM OPINION AND ORDER OF COURT granting in part and denying in part 295 Motion in Limine as to JENNIFER MCDADE (7); granting 314 Motion in Limine and the Government's evidence proffered in accordance with Federal Rule of Evidence 404(b) in its Notice (Document No. 308) is excluded from use at trial without prejudice to the Government to explain at trial how such evidence is relevant to its burden of proof as to JENNIFER MCDADE (7), and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/1/2008. (dlg)
February 1, 2008
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MEMORANDUM OPINION and ORDER OF COURT granting 320 MOTION to Disqualify Counsel filed by USA; it is further Ordered that Attorney Arthur T. McQuillan is disqualified and removed from representation of Defendant McDade and that another counsel shall be appointed for Defendant McDade; it is further Ordered that the Jury Selection and Trial in this matter, currently scheduled to begin on 2/4/2008, is CONTINUED GENERALLY until the June 2008 trial term on the Court's motion pursuant to 18 U.S.C. Section 3161(h)(8)(A) with said continuance considered excluded time pursuant to the Speedy Trial Act, as the Court specifically finds that the ends of justice served by granting this continuance outweigh the best interest of the public and the Defendant to a Speedy Trial, 18 U.S.C. Section 3161(h)(8)(A), since the failure to grant such a continuance would result in a miscarriage of justice 18 U.S.C. Section 3161 (h)(8)(B)(i) and failure to grant the continuance would deny Defendant McDade reasonable time to have new counsel appointed and unreasonably deny the newly appointed counsel reasonable time necessary for the effective preparation, taking into account the exercise of due diligence. 18 U.S.C. 3161(h)(8)(B)(iv), and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/1/2008. (dlg) Modified on 2/1/2008 (dlg).
June 6, 2008
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MEMORANDUM OPINION and ORDER as to JENNIFER MCDADE - based upon the Government's Notice of Intention to Use Rule 404(b) Evidence in response to the Court's Memorandum Opinion and Order of Court dated 2/1/2008 (Document No. 329) which granted Defendant McDade's Supplemental Motion in Limine, Defendant's Objections to Notice of 404(b) Evidence (Document No. 314) without prejudice to the Government to explain the relevancy of its Rule 404(b) evidence, and the Government having explained that relevancy in its Notice filed at Document No. 329, IT IS HEREBY ORDERED THAT the Government may introduce its proffered Rule 404(b) evidence at trial in the following areas: Defendant McDade's dealings with marijuana, facilitation of heroin distribution as it is relevant to proving her role as a facilitator in the charged conspiracy and her threat to strike and attempt to strike a co-conspirator and her cousin with a vehicle as more fully explained in the accompanying Memorandum Opinion; IT IS FURTHER ORDERED THAT the Government may not introduce at trial evidence of buried illegal substances at Defendant McDade's property without prejudice to the Government being permitted to do so at trial after it has proven that Defendant McDade was aware of the presence of illegal substances buried in her yard and otherwise satisfies the four part analysis for the admission of Rule 404(b) evidence in this Circuit as more fully stated in the accompanying Memorandum Opinion. Signed by Judge Kim R. Gibson on 6/6/2008. (dlg)
September 2, 2008
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MEMORANDUM OPINION AND ORDER OF COURT denying 435 Motion for New Trial as to JENNIFER MCDADE (7), and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 9/2/2008. (dlg)