Opinion
CRIMINAL ACTION 23-119
10-10-2024
UNITED STATES v. JAMAR DAVIS
ORDER
ANITA B. BRODY, J.
AND NOW, this 10th day of October, 2024, following the Final Pretrial Conference held on October 1, 2023, it is ORDERED that:
• The government's Motion for Bill of Particulars for Forfeiture of Property (ECF No. 11) is GRANTED.
Mr. Davis does not oppose this motion. See Transcript of Conference at 3-4.
• Mr. Davis' Motion to Bifurcate Count 5 (ECF No. 78) is GRANTED.
The government does not oppose this motion. See ECF No. 79; Transcript of Conference at 18.
• Mr. Davis' Motion to Dismiss Count 5 as Unconstitutional (ECF No. 80) is DENIED.
Transcript of Conference at 16-17. See United States v. Rahimi, 144 S.Ct. 1889 (2024) (upholding a firearm restriction when an individual has been found to pose a credible threat to the physical safety of another); Garland v. Range, 144 S.Ct. 2706 (Mem) (2024) (vacating and remanding, in light of Rahimi, the Third Circuit's holding that the federal felon-in-possession law is unconstitutional as applied).
• The government's Motion to Admit Recordings and Transcripts (ECF No. 75) is GRANTED in full.
Transcript of Conference at 16 (allowing admission of transcripts but affirming that the Court will hear argument by the defense if there is any particular part of the transcripts that the defense thinks is a misrepresentation).
It is further ORDERED, upon consideration of Mr. Davis' Motion to Suppress Evidence Recovered from Cell Phone and Subsequently Discovered Evidence (ECF No. 67) and the government's Response in Opposition (ECF No. 70), that the Court will conduct an evidentiary hearing on Mr. Davis' Motion on Tuesday, October 22, 2024, prior to trial.
Transcript of Conference at 13-14.