Opinion
Criminal Case No. 07-cr-00184-WYD
09-16-2011
UNITED STATES OF AMERICA, Plaintiff, v. 4. BRIAN HICKS, a/k/a Solo, a/k/a S, Defendant.
Counsel: Stephanie Podolak Susan "Zeke" Knox Martha H. Eskesen
CHIEF JUDGE WILEY Y. DANIEL
Court Reporter/ECR: Therese Lindblom
Prob./Pret.: N/A
Interpreter: N/A
Counsel:
Stephanie Podolak
Susan "Zeke" Knox
Martha H. Eskesen
COURTROOM MINUTES
MOTIONS HEARING
10:11 a.m. Court in Session - Defendant present (in-custody)
APPEARANCES OF COUNSEL.
Court's opening remarks.
Defendant's Motion to File Additional Pretrial Motions (ECF Doc. #1103), filed September 14, 2011, is raised for argument.
10:12 a.m. Argument by Defendant (Ms. Esekesen).
10:13 a.m. Argument by Government (Ms. Knox).
10:13 a.m. Argument by Defendant (Ms. Esekesen).
ORDERED: Defendant's Motion to File Additional Pretrial Motions (ECF Doc. #1103), filed September 14, 2011, is GRANTED.
ORDERED: Defendant shall file any additional motions not later than Friday, September 23, 2011.
ORDERED: Government shall respond to motions within ten (10) days of the filing of the motions or not later than Monday, October 3, 2011.
10:14 a.m. Discussion regarding Defendant's Motion (ECF Doc. #686), filed December 15, 2008.
Defendant's Motion to Dismiss (Speedy Trial Act) (ECF Doc. #1078), filed August 4, 2011, is raised for argument.
10:19 a.m. Argument by Defendant (Ms. Eskesen).
10:22 a.m. Argument by Government (Ms. Knox).
ORDERED: Defendant's Motion to Dismiss (Speedy Trial Act) (ECF Doc. #1078), filed August 4, 2011, is DENIED.
Defendant's Motion to Dismiss counts Six and Seven of the Third Superseding Indictment Dated July 11, 2011 (ECF Doc. #1075), filed August 3, 2011, is raised for argument.
10:24 a.m. Argument by Defendant (Ms. Eskesen).
10:27 a.m. Argument by Government (Ms. Knox).
10:32 a.m. Argument by Defendant (Ms. Eskesen).
ORDERED: Defendant's Motion to Dismiss counts Six and Seven of the Third Superseding Indictment Dated July 11, 2011 (ECF Doc. #1075), filed August 3, 2011, is DENIED.
Defendant's Motion for Order Directing Government to Produce Additional Discovery (ECF Doc. #943), filed September 15, 2011, is raised for argument.
10:37 a.m. Argument by Defendant (Ms. Eskesen).
10:41 a.m. Argument by Government (Ms. Podolak).
ORDERED: Defendant's Motion for Order Directing Government to Produce Additional Discovery (ECF Doc. #943), filed September 15, 2011, is GRANTED IN PART and DENIED IN PART as outlined by the Court on the record.
Defendant's Motion for Additional Discovery Regarding Cooperating Witnesses (ECF Doc. #992), filed March 17, 2011, is raised for argument.
10:51 a.m. Argument by Defendant (Ms. Eskesen).
10:55 a.m. Argument by Government (Ms. Podolak).
ORDERED: Defendant's Motion for Additional Discovery Regarding Cooperating Witnesses (ECF Doc. #992), filed March 17, 2011, is DENIED WITHOUT PREJUDICE IN PART and DENIED AS MOOT IN PART.
Defendant's Motion Renewed Motion for Pretrial Disclosure of All Evidence the Government Intends to Offer Pursuant to Rules 404(b), 608 and 609 of the Federal Rules of Evidence (ECF Doc. #1071), filed August 3, 2011, is raised for argument.
11:00 a.m. Argument by Defendant (Ms. Eskesen).
ORDERED: Defendant's Motion Renewed Motion for Pretrial Disclosure of All Evidence the Government Intends to Offer Pursuant to Rules 404(b), 608 and 609 of the Federal Rules of Evidence (ECF Doc. #1071), filed August 3, 2011, is DENIED AS MOOT.
ORDERED: Defendant's Motion for Pretrial Disclosure of All Evidence the Government Intends to Offer Pursuant to Rule 807 of the Federal Rules of Evidence (ECF Doc. #1073), filed August 3, 2011, is DENIED AS MOOT.
ORDERED: Defendant's Motion for Discovery of Government Press Releases and Comment (#1074) is DENIED AS MOOT.
Defendant's Motion to Exclude Time from Speedy Trial Computation and for Order Granting Continuance of Filing Deadlines (ECF Doc. #920), filed July 15, 2010, is raised for argument.
11:03 a.m. Argument by Defendant (Ms. Eskesen).
ORDERED: Defendant's Motion to Exclude Time from Speedy Trial Computation and for Order Granting Continuance of Filing Deadlines (ECF Doc. #920), filed July 15, 2010, is DENIED AS WITHDRAWN.
Defendant's Amended Motion for Order Regarding Misjoinder and Motion to Sever (ECF Doc. #1072), filed August 3, 2011, is raised for argument.
11:05 a.m. Argument by Government (Ms. Podolak).
ORDERED: Counsel shall meet and confer and submit a proposed order relating to Defendant's Amended Motion for Order Regarding Misjoinder and Motion to Sever (ECF Doc. #1072), filed August 3, 2011, not later than Wednesday, September 28, 2011.
ORDERED: Defendant is REMANDED into the custody of the U.S. Marshal.
11:12 p.m. Court in Recess - HEARING CONCLUDED
TOTAL TIME: 1:01