Opinion
CASE NO. 3:10-00260
03-07-2012
UNITED STATES OF AMERICA v. MUSSE AHMED ALI
JUDGE WILLIAM J. HAYNES , JR.
MOTION TO REDUCE THE NUMBER OF PEREMPTORY CHALLENGES
FOR THE GOVERNMENT AND TO ALLOW DEFENSE COUNSEL TO
CONSULT REGARDING THE DEFENSE'S PEREMPTORY CHALLENGES
Comes now Musse Ahmed Ali, by and through counsel of record, Paul J. Bruno, and hereby moves the Court to reduce the number of peremptory challenges for the government and to allow defense counsel to consult regarding the defense's peremptory challenges.
GOVERNMENT'S PEREMPTORY CHALLENGES
In the Court's Order regarding jury selection (D.E. #1316), the Court granted 2 peremptory challenges per defendant and granted 32 peremptory challenges for the government. This Order was entered prior to a number of defendants being severed in this case. Presently, there are fifteen (15) defendants scheduled for trial beginning March 20, 2012, resulting in the defense having a total of 30 peremptory challenges.
Based upon the ratio of peremptory challenges provided in Federal Rule of Criminal Procedure 24(b)(2) (6 for the government/10 for the defense), Mr. Ali moves the Court to reduce the number of peremptory challenges for the government from 32 to 18. Reducing the number of peremptory challenges for the government to 18 will provide the government the same proportionate