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United States v. White

March 6, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SPENCER WHITE, 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. Several pretrial motions are pending hearing before this Court. The Court has reviewed each motion and the authority set forth in support and finds that a response and hearing is not necessary to disposition of every motion.

A. Matters Before The Court

Specifically, the following motions filed by Defendant Spencer White are subject to disposition on their merits without hearing and are addressed herein:

(1) Brady Motion No. 1: The Deals, [Doc. 76];

(2) Brady Motion No. 2: General Exculpatory and Incentives, [Doc. 77];

(3) Motion For Discovery, [Doc. 79];

(4) Motion For Witnesses' Statements, [Doc. 80];

(5) Motion For Enright Hearing, [Doc. 81];

(6) Motion For Bill of Particulars, [Doc. 82];

(7) Motion to Adopt Gerardo Mora Lopez's Motion to Suppress Search [Doc. 72], [Doc. 83]; and

(8) Motion to Adopt Gerardo Mora Lopez's Motion to Suppress Fruits [Doc. 73], [Doc. 84].

B. Analysis

I. BRADY MOTION No.1: THE DEALS [DOC.76] and BRADY MOTION No. 2: GENERAL EXCULPATORY AND INCENTIVES [DOC.77]

In these two related motions, Defendant White requests the disclosure of certain evidence from the United States which fall within the body of related caselaw represented by Brady v. Maryland, 373 U.S. 83 (1963) (exculpatory evidence); United States v. Agurs, 427 U.S. 97 (1976) (exculpatory evidence); Giglio v. United States, 405 U.S. 150 (1972) (impeachment evidence); and United States v. Bagley, 473 U.S. 667 (1985) (impeachment evidence). White lists six categories of information in [Doc. 76] and two in [Doc. 77].

Most of the information sought in this motion is the subject of this Court's Order on Discovery and Scheduling [Doc. 12, ¶ E], entered on September 25, 2007. The defendant's request for the criminal records of government witnesses is specifically addressed by paragraph F of the Order on Discovery and Scheduling [Doc. 12]. The defendant's request for material to be used in impeachment of government witnesses is addressed by paragraph E of the Order on Discovery and Scheduling, which has already directed as follows:

The government shall reveal to the defendant and permit inspection and copying of all information and material known to the government which may be favorable to the defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), United States v. Agurs, 427 U.S. 97 (1976) (exculpatory evidence), and United States v. Bagley, 473 U.S. 667 (1985) (impeachment ...


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