Opinion
Criminal Action No.: 11-353 (JLL)
04-03-2012
UNITED STATES OF AMERICA, v. BAHADIR YAHSI.
NOT FOR PUBLICATION
ORDER
LINARES, District Judge.
This matter comes before the Court on various motions in limine filed by the parties. For the .reasons places on the record on April 2, 2012.
IT IS on this 2nd day of April, 2012
ORDERED that Defendant's motion to exclude Defendant's January 9, 2012 plea colloquies to the state charge and to violation of probation charges is GRANTED; and it is further
ORDERED that Defendant's motion to exclude Defendant's March 29, 2004 plea is DENIED; and it is further
ORDERED that Defendant's motion to exclude testimonial evidence regarding Defendant's putative trafficking in Crack Cocaine in early 2009 is DENIED; and it is further
ORDERED that Defendant's motion to exclude communications between the Cooperating Informant (the "CI") and the Defendant regarding his state charges is GRANTED; and it is further
ORDERED that Defendant's motion to exclude the testimony of Special Agent Jason Frederick is DENIED, except that Agent Frederick may not testify as to the addictive nature of illegal drugs; and it is further
ORDERED that Defendant's motion to exclude the Government's proffered Fed. R. Evid. 609 evidence is DENIED; and it is further
ORDERED that Defendant's motion to publish certain documents during the cross-examination of the Government's witnesses is DENIED; however certain portions of audio evidence may be allowed to be played with the Court's permission, if allowed, on application by Defendant; and it is further
ORDERED that the Government's motion to exclude Defendant's immigration expert is GRANTED; however, the Court reserves decision on whether any explanation regarding immigration law may be necessary to be given to the jury; and it is further
ORDERED that the Government's motion to exclude an October 1, 2010 conversation between Defendant's wife and the CI is GRANTED; and it is further;
ORDERED that transcripts of the recordings played at trial will be available to the jurors during deliberations as aids; and it is further
ORDERED that Defendant's Outrageous Government Conduct Motion is DENIED without prejudice to be remade, if appropriate, based on new evidence that arises at trial and not available to the Court at this time.
SO ORDERED.
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JOSE L. LINARES
U.S. DISTRICT JUDGE