Opinion
CRIMINAL 3:CR-21-287
06-21-2022
UNITED STATES OF AMERICA v. JAMES J. PEPERNO, JR., Defendant
ORDER
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
Based on the court's Memorandum issued this same day, IT IS HEREBY ORDERED THAT: Defendant Peperno's motion in limine to preclude the government's use of evidence involving his prior mail fraud conviction and restitution obligation, (Doc. 37), is DENIED IN ITS ENTIRETY. The government will be allowed to use the proffered evidence of Peperno's prior conviction and restitution obligation in its case-in-chief at trial, as intrinsic evidence for Counts 9-11, and as admissible under Rule 404(b) for Counts 7 and 8. Further, after the government completes its casein-chief, the government will also be allowed to impeach Peperno with his prior conviction under FRE 609 should he testify at trial.