Opinion
Criminal Case No. 10-cr-00164-REB-02
12-11-2012
UNITED STATES OF AMERICA, Plaintiff, v. 2. SILVESTRE MAYORQUI RIVERA, a/k/a Chikali, Defendant.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matter is before me on Defendant Rivera's Request For Notice of Intent To Introduce Evidence Pursuant To Fed.R.Evid. 404(b) [#556] filed July 6, 2012. I grant the motion.
"[#556]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Mr. Rivera requests reasonable pretrial notice of any evidence the government intends to offer under Fed. R. Evid. 404(b). See Motion at 1. Rule 404(b) provides:
(b) Crimes, Wrongs, or Other Acts.Thus, under Rule 404(b)(2)(A) and (B), Mr. Rivera is entitled to reasonable pretrial notice.
(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must:
(A) provide reasonable notice of the general nature of any such evidence
that the prosecutor intends to offer at trial; and
(B) do so before trial — or during trial if the court, for good cause, excuses lack of pretrial notice.
Considering the totality of relevant circumstances, pretrial notice and disclosure of 45 days is eminently reasonable. Such advance notice and disclosure will provide Mr. Rivera with a reasonable time and opportunity to prepare to meet such evidence by cross-examination or competing evidence.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant Rivera's Request For Notice of Intent To Introduce Evidence Pursuant To Fed.R.Evid. 404(b) [#556] filed July 6, 2012, is GRANTED; and
2. That not later than 45 days before trial, the government shall provide to the defendant reasonable notice of the general nature of any such evidence it intends to introduce at trial under Fed. R. Evid. 404(b).
Dated December 11, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackbum
United States District Judge