U.S. v. Pena-Valenzuela

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ESEQUIEL PENA-VALENZUELA, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Feb 11, 2005

Case No. 2:03-CR-920 TC (D. Utah Feb. 11, 2005)

Opinion

Case No. 2:03-CR-920 TC.

February 11, 2005

ORDER

TENA CAMPBELL, District Judge

On Thursday, February 10, 2005, counsel appeared before the court to discuss the status of evidentiary issues raised by defense counsel in three different motions: (1) Defendant's Motion for Disclosure of the True Identity of Cooperating Witness(es) (Docket No. 28) (hereinafter "the CI Motion"); (2) Defendant's Motion to Suppress Statements Pursuant to Miranda (Docket No. 31) (hereinafter "the Miranda Motion"); and (3) Defendant's Motion to Suppress [Evidence Obtained From] Search Due to Insufficiency of the Affidavit for Search Warrant (Docket No. 33) (hereinafter "the Affidavit Motion").

Based on a discussion with counsel for both parties, the parties agreed with the court that it would be more efficient to address all three motions in one final argument. However, the Miranda Motion requires an evidentiary hearing which has not yet occurred and the CI Motion is not yet fully briefed. Accordingly, rather than hold the originally scheduled final argument on the Defendant's Affidavit Motion on February 10, 2005, all agreed to the following briefing and hearing schedule:

1. The Affidavit Motion: the parties have agreed to submit the issue on the briefs without oral argument. However, the issue will be decided at the same time the Miranda issues are resolved.

2. The CI Motion: The issue regarding disclosure of the confidential informant's identity will be decided following briefing and final argument. The United States' opposition brief is due on February 24, 2005, and the Defendant's reply brief is due on March 10, 2005. Final argument will be held on the same date as the final argument on the Miranda Motion, which will be scheduled at the close of the evidentiary hearing on the Miranda Motion.

3. The Miranda Motion: The court will hold an evidentiary hearing on this issue on February 23, 2005, at 10 a.m. At the close of the evidentiary hearing, the court will set a briefing schedule for the motion and a date for final argument on the Miranda issue as well as the issues raised in the CI Motion.

IT IS SO ORDERED.