Opinion
Criminal Case No. 12-cr-00324-REB
03-26-2013
UNITED STATES OF AMERICA, Plaintiff, v. 1. SALVADOR CORREA, 2. MOISES GALINDO, 3. NATHAN EDWARD ARMIJO, and 4. CARMELITA ARCHULETA, Defendants.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matter is before me on Defendant Armijo's Motion for Pretrial Notice of 404(b) Evidence [#87] filed January 3, 2013. The government filed a response [#97].
"[#87]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Mr. Armijo requests pretrial notice and particulars of intrinsic and extrinsic evidence. The government does not intend to introduce evidence under Fed. R. Evid. 404(b). See Consolidated Response [#97] at 5, ¶ 10.
The representations of the government moot the request for pretrial notice of extrinsic evidence under Rule 404(b). Additionally, Mr. Armijo is not entitled to intrinsic evidence beyond that which may be included within discovery to which he is otherwise entitled. Thus, as to intrinsic evidence, the motion should be denied, and as to extrinsic evidence, the motion should be denied as moot.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant Armijo's Motion for Pretrial Notice of 404(b) Evidence [#87] filed January 3, 2013, is DENIED in part and DENIED AS MOOT in part:
A. That the motion is denied insofar as it requests pretrial notice of intrinsic evidence; and
B. That the motion is denied as moot insofar as it requests pretrial notice of evidence under Fed. R. Evid. 404(b).
Dated March 26, 2013, at Denver, Colorado.
BY THE COURT:
_________________
Robert E. Blackburn
United States District Judge