Opinion
Criminal Case No. 10-cr-00564-LTB
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRUCE ROBERT LUTZ, Defendant.
LEWIS T. BABCOCK, JUDGE
ORDER
As set forth on the record during the October 25, 2011 change of plea hearing set in this matter, it is HEREBY ORDERED THAT:
1. For the reasons stated on the record today in open court, I REJECT the parties' proposed Plea Agreement pursuant to Fed. R. Crim. Pro.11(c)(5).
2. A hearing is set for Wednesday November 30, 2011 at 10:00 am on the following pending motions filed by Defendant: Motion for Discovery [Doc # 19]; Motion for Discovery of Expert Qualifications, Opinions and Bases for Expert Opinions [Doc #22]; Defendant's Request for Pretrial Notice of 404(b) Evidence [Doc # 23]; Motion to Dismiss Indictment Based Upon Commerce Clause Violation [Doc # 20]; and Motion In Limine Concerning the Constitutionality of 18 U.S.C. § 228(b)'s Statutory Presumption [Doc # 21]. A Final Pretrial Hearing is also set for Wednesday November 30, 2011 at 10:00 am. In preparation for that hearing, the Government shall provide its: proposed substantive jury instructions, with supporting authority citations and in WordPerfect 13 format; witness list; exhibit list; and proposed voir dire questions. Defendant shall provide: any proposed special jury instructions, with supporting authority citations and in WordPerfect 13 format; witness and exhibit lists if he wishes; and proposed voir dire questions. Defendant may appear at this motion/final pretrial hearing via telephone.
4. A four-day jury trial is scheduled to commence on Monday, December 12, 2011 at 9:00 am.
Dated: October 25 , 2011 in Denver, Colorado.
BY THE COURT:
LEWIS T. BABCOCK, JUDGE