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United States v. Bailey

March 29, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICHARD DARYL BAILEY, DEFENDANT.



The opinion of the court was delivered by: C. Clifford Shirley, Jr. United States Magistrate Judge

(Varlan / Shirley)

MEMORANDUM AND ORDER

All pre-trial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the district court as may be appropriate. This matter came before the Court upon the following pre-trial motions, all of which have been resolved by previous oral ruling of this Court, or by agreement of the parties, as set forth herein:

1. Specific Brady Request Number One [Doc. 42]

This motion expressed Mr. Bailey's request for a statement of Claiborne County Sheriff's Deputy Josh Russell's written statement. This motion was resolved by agreement of the parties as averred in Joint Notice Regarding Pending Motions [Doc. 63], accordingly [Doc. 42] is DENIED as moot.

2. Motion for Disclosure of Rule 41 Information in Support of Search Warrant [Doc. 46]

Mr. Bailey moved the Court for an order requiring the government to disclose any recordings or other information that was presented to the United States Magistrate Judge Bruce Guyton, in support of the search warrant issued on September 26, 2006. Based on the government's representation to defense counsel that no information except that previously provided to Mr. Bailey was presented in support of the search warrant, the parties agree that [Doc. 46] should be DENIED as moot. See Joint Notice Regarding Pending Motions [Doc. 63] at ¶ 5.

3. Specific Brady Request Number Two [Doc. 53]

This motion filed by defendant Bailey relays his formal request for personnel files of the law enforcement officers who participated in the investigation of the case, particularly ATF Agent David Wade Moore. This motion was resolved by agreement of the parties in Joint Notice Regarding Pending Motions [Doc. 63], based upon the government's representation of the contents of said files. Therefore, [Doc. 53] is DENIED as moot.

4. Specific Brady Request Number Three [Doc. 54]

Mr. Bailey requests the disclosure of the following material, pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Holmes v. South Carolina, 547 U.S. 319 (2006), United States v. Blackwell, 459 F.3d 739 (6th Cir. 2006):

Notes taken during the investigation of this case before the search warrant was issued. This request includes any notes taken by Agent Moore, the Claiborne County Sheriff's Department, or any other agent of the government. This request includes any notes taken during witness interviews, surveillance, or any other investigative activities. This request also includes the date that each set of notes were taken. [Doc. 54].

The government has not filed a written response to this request, but the Joint Notice Regarding Pending Motions [Doc. 63] indicates there ...


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