United States v. Almeida-Olivas

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JOSE FEDERICO ALMEIDA-OLIVAS…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Date published: Aug 12, 2015

Criminal No. 14-00063-01-CR-W-DW (W.D. Mo. Aug. 12, 2015)

Opinion

Criminal No. 14-00063-01-CR-W-DW

08-12-2015

UNITED STATES OF AMERICA, Plaintiff, v. JOSE FEDERICO ALMEIDA-OLIVAS, Defendant.

SARAH W. HAYS UNITED STATES MAGISTRATE JUDGE

MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE

PENDING CHARGE: On March 19, 2014, the Grand Jury returned a two count indictment against Jose Federico Almeida-Oivas. Defendant is charged in Count 1 with conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in an amount of five hundred grams or more, contrary to the provisions of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and in Count 2 with knowingly and intentionally using a communications facility, to wit: a telephone, to facilitate the felonious distribution of methamphetamine, a Schedule II controlled substance, contrary to the provisions of Title 21, United States Code, Section 846. The following matters were discussed and action taken during the pretrial conference: TRIAL COUNSEL:

Government: Joseph A. Marquez/Adam Caine
Case Agent: Brent Yoshikawa, Special Agent Department of Homeland Security
Defense: Cenobio Lozano, Jr.

OUTSTANDING MOTIONS:

07/31/2015

37

MOTION in limine by Jose Federico Almeida-Olivas

TRIAL WITNESSES:

Government: 8-9 without stipulations
Defendants: 1 possible witness, the defendant

TRIAL EXHIBITS:

Government: 48 exhibits
Defendant: 0 exhibits for defendant

DEFENSES: General denial POSSIBLE DISPOSITION:

( X ) Definitely for trial; ( ) Possibly for trial; ( ) Likely a plea will be worked out

TRIAL TIME: 2 ½-3 days

Government's case including jury selection: 2 days
Defense case: ½-1 day

STIPULATIONS: The parties will confer to try and reach an agreement that the English translations of Spanish audio recordings are accurate. UNUSUAL QUESTIONS OF LAW: Any unusual issues have been raised in the motion in limine and in the motion asking for a hearing on the admissibility of co-conspirator statements.

FILING DEADLINES:

Witness and Exhibit List
Government: Friday before the pretrial conference
Defense: Friday before the pretrial conference
Counsel are requested to list witnesses in alphabetical order on their witness list.

Exhibit Index, Voir Dire, Jury Instructions: Noon, Wednesday, August 12, 2015
Please Note: Jury instructions must comply with Local Rule 51.1

TRIAL SETTING: Criminal jury trial docket set for August 17, 2015

Please note: Counsel for the government requests the first week of the docket.

IT IS SO ORDERED.

/s/ Sarah W. Hays

SARAH W. HAYS

UNITED STATES MAGISTRATE JUDGE