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United States v. McClure

August 7, 2007

UNITED STATES OF AMERICA PLAINTIFF,
v.
BOBBY RAY MCCLURE, JR., DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(Phillips / Guyton)

MEMORANDUM AND ORDER

All pretrial 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 cause came before the Court on Defendant Bobby Ray McClure's Motion for Specific Discovery [Doc. 18]. The government has filed a response at [Doc. 20]. The various discovery-related issues raised by the pretrial motions are addressed herein, a hearing being unnecessary to their disposition.

1. Nature and Quantity of Narcotics

Mr. McClure's first request asked that the government inform him of the type and amount of narcotics for which is he is alleged to be responsible. The government's response states that it will seek to hold Mr. McClure accountable for 4.1 grams of crack cocaine and 67.7 grams of crack cocaine. This information appears to answer defendant's request, accordingly further relief on this request is DENIED as moot.

2. Identity of Confidential Informant(s)

Mr. McClure asks that the United States disclose the names of the informants used in this case to produce the instant charges, and the number of such informants. Specifically, Mr. McClure asks for the identity of a person known as "CI # 464."

The government resists this request. The government responds that it is not required to disclose the identity of any confidential informants except to the extent provided by Roviaro v. United States, 353 U.S. 53 (1953), citing a number of Sixth Circuit cases to that effect.

The Court finds that Mr. McClure has not stated a basis upon which relief can be granted beyond the provisions of the Court's Order on Discovery and Scheduling, [Doc. 9], having made only a bare request for the identities. This request is DENIED.

3. Money Paid to Confidential Informants

Mr. McClure moves for disclosure of money paid to confidential informants in his case, to include law enforcement account records. The government responds with the information sought and has filed two exhibits entitled "Receipt for Payment to Informant" in support. The Court finds the request has been fulfilled and therefore the request is now moot and DENIED.

4. Statements of the Defendant

Mr. McClure asks that the United States disclose "any written, recorded or oral statements made by the defendant that are favorable to him." [Doc. 18 at p. 2]. The government responds that it knows of no statements of this nature except a comment, set forth as a quote in the response. [Doc. 20 at p. 4]. To the extent it has not already done so, the Court directs the government to disclose any written record of this oral statement, to include rough notes containing the substance of the statement, as previously ordered at [Doc. 9 , ΒΆ A (1)]. ...


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