Opinion
20-cr-20599
07-24-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOHN ANGELO, et al., Defendants.
ORDER DIRECTING PARTIES TO SUBMIT SUPPLEMENTAL BRIEFINGS PRIOR TO ENRIGHT HEARING
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On September 18, 2023, the Court will convene an evidentiary hearing pursuant to United States v. Enright, 579 F.2d 980, 986-87 (6th Cir. 1978), in order to determine whether certain hearsay statements are admissible under Federal Rule of Evidence 801(d)(2)(E). After carefully reviewing the parties' filings, the Court has determined that it would benefit from supplemental briefing on the following topics:
1) May the Court make credibility determinations with respect to the witnesses who testify at the Enright hearing?
2) Is the Court required to take the evidence presented at the Enright hearing in the light most favorable to the Government and to draw all reasonable inferences in the Government's favor - as, for instance, the Court is required
to do when ruling on a motion under Rule 29 of the Federal Rules of Criminal Procedure?The parties shall submit their briefs addressing these questions by September 8, 2023 . The Defendants may file a single, consolidated supplemental brief if they wish to do so.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 24, 2023, by electronic means and/or ordinary mail.