United States v. Khan

Full title: UNITED STATES OF AMERICA, Plaintiff, v. WQAS KHAN, et al., Defendants

Court: United States District Court, E.D. California

Date published: Feb 9, 2011

CR. NO. S-10-175 KJM (GGH) (E.D. Cal. Feb. 9, 2011)

Opinion

CR. NO. S-10-175 KJM (GGH).

February 9, 2011

ORDER

GREGORY HOLLOWS, Magistrate Judge

Scheduled before the undersigned for February 11, 2011, is defendant Khan's motion for discovery of alleged Brady ¹ material to be used, maybe, at an as yet unscheduled Franks ² hearing. Previously the undersigned adjudicated a similarly based motion brought pursuant to Henthorn. ³ The present motion to compel is in most respects, in the words of a famous baseball philosopher, "deja vu all over again."⁴ In light of the fact that defendants have sought reconsideration of the undersigned's initial ruling before the district judge (now the Honorable Kimberly J. Mueller), the undersigned vacates without prejudice defendant Kahn's motion to compel discovery (docket #61) pending Judge Mueller's decision.

1 Brady v. Maryland, 373 U.S. 83 (1963).

2 Franks v. Delaware, 438 U.S. 154 (1978).

3 United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991).

4 Yogi Berra, upon witnessing back to back home runs by Mickey Mantle and Roger Maris.

DATED: 02/09/2011