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United States v. Jones

August 10, 2007

UNITED STATES OF AMERICA,
v.
TERRY JONES



The opinion of the court was delivered by: Phillips

ORDER

This matter is before the Court on defendant's appeal of the Magistrate Judge's 6-page memorandum and order [Doc. 66]. The appeal concerns Magistrate Judge Guyton's denial of defendant's request for the name of the expert proffered by the United States; the denial of a hearing under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to determine the admissibility of said expert testimony; and the denial the defendant's motion in limine regarding expert testimony. The defendant asserts that the denial of his motion [Doc. 59] also inhibits his ability to acquire an expert in rebuttal, thus impeding his ability to present a clear and meaningful defense of this matter. The defendant cites Holmes v. South Carolina, 126 S.Ct. 1727 (2006) in support of this proposition.*fn1

Magistrate Judge Guyton's order was entered pursuant to 28 U.S.C. § 636(b).

Under 28 U.S.C. § 636(b), a court can reconsider a magistrate judge's ruling if it is "clearly erroneous" or "contrary to law." Accordingly, the Court has now undertaken a review of Magistrate Judge Guyton's order. After doing so, the Court concludes that Judge Guyton's rulings are consistent with the Federal Rules of Evidence, Federal Rules of Criminal Procedure, and applicable case law, and thus, a detailed written opinion by the undersigned covering the same grounds would be unduly duplicative. The rulings rendered by Judge Guyton are accordingly AFFIRMED on the basis of the reasoning set forth in his memorandum and order dated July 2, 2007. Accordingly, Defendants' appeal [Doc. 66] is hereby DENIED in its entirety.

IT IS SO ORDERED.

Thomas W. Phillips United States ...


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