Opinion
CRIMINAL ACTION 22-00166-02-CR-W-DGK
03-01-2023
UNITED STATES OF AMERICA Plaintiff, v. CORY T. BROWN, Defendant.
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
JILL A. MORRIS, United States Magistrate Judge
The following matters were discussed and action taken during the pretrial conference:
PENDING CHARGE: Count Three - Felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2)
TRIAL COUNSEL:
Government: Ashleigh Ragner
Case Agent: FBI Special Agent Douglas McKelway
Defense for Brown: Michael Belancio
OUTSTANDING MOTIONS:
• Defendant's Brown's Motion to Suppress (Doc. 76)
• Defendant's Sealed Objection to Disqualification Order (Doc. 120)
• Government's Motion for Leave to File Notice of Rule 404(b) Evidence Out of Time (Doc. 135)
ANTICIPATED MOTIONS: Both parties anticipate filing motions in limine.
TRIAL WITNESSES:
Government: 14 with stipulations; 15 without stipulations
Defense: less than 5 witnesses, including Defendant who may testify
TRIAL EXHIBITS:
Government: 100-150 exhibits
Defense: less than 50 exhibits
DEFENSES:
(X) defense of general denial
() defenses of general denial and ___
POSSIBLE DISPOSITION:
(X) Definitely for trial () Possibly for trial
() Motion to continue to be filed () Likely a plea will be worked out
TRIAL TIME: 2 ½ days
Government's case including jury selection: 1 ½ days
Defense case: ½ day
STIPULATIONS:
(X) likely as to:
() chain of custody
() chemist's reports
() prior felony conviction
() interstate nexus of firearm
UNUSUAL QUESTIONS OF LAW: None
FILING DEADLINES:
Witness and Exhibit Lists:
Government: March 6, 2023
Defense: March 6, 2023
Counsel are requested to list witnesses in alphabetical order on their witness list.
Exhibit Index, Voir Dire, Jury Instructions: March 6, 2023
Jury instructions must comply with Local Rule 51.1
Motions in Limine: March 6, 2023
Without objection, Defendant's expert witness report deadline is extended until March 9, 2023. Defendant is required to identify said expert by March 6, 2023.
TRIAL SETTING: Criminal jury trial docket commencing March 20, 2023
Please note: The Government requests the second week due to unavailability of its DNA expert during the first week of the docket.
OTHER:
() A ___-speaking interpreter is required.
() Other assistive devices: ___
IT IS SO ORDERED.