Opinion
4:21-CR-00052
02-24-2023
UNITED STATES OF AMERICA, v. WAYNE KEEN, III, Defendant.
ORDER
Matthew W. Brann Chief United States District Judge
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendant Wayne Keen's motion to bifurcate (Doc. 71) is GRANTED. Keen shall be tried on Counts I through III of the Superseding Indictment first, followed by a trial on Count IV.
2. The Government's motion in limine to admit evidence under Federal Rule of Evidence 414 (Doc. 65) is GRANTED IN PART as to Special Agent Daniel M. Hasenauer's testimony on Keen's prior acts. But the Government may not enter into evidence or refer to Keen's 2017 nolo contendre plea to possession of child pornography and the criminal complaint against him.
3. The Government's motion in limine to admit evidence under Rule 404(b) (Doc. 73) is GRANTED IN PART. The Government may introduce evidence of Keen's prior use of the laptop computer found at his mother's house in August 2020, including his use of the computer to send and receive image files. But the Government may not move into evidence or refer to the substance of the Skype conversation he had in July 2016.