U.S. v. MAPP

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ROBERT R. MAPP, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Feb 10, 2006

Case No. 05-80494 (E.D. Mich. Feb. 10, 2006)

Opinion

Case No. 05-80494.

February 10, 2006

ORDER RE: MOTION FOR DISCOVERY

R. WHALEN, Magistrate Judge

Before the Court is Defendant's Motion for Discovery [Docket #12], which has been referred for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). Defendant lists numerous items of discovery, but all essentially relate to the three areas where the government is required to provide discovery: (1) information falling within the scope of Fed.R.Crim.P. 16; (2) information falling within the Jencks Act, 18 U.S.C. § 3500; and (3) exculpatory information within the meaning of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny. See United States v. Presser, 844 F.2d 1275, 1285, fn. 12 (6^th Cir. 1988) (stating that in most criminal prosecutions, these three rules "exhaust the universe of discovery to which the defendant is entitled").

For its part, the government responds that it has either provided all information discoverable at this time, or that it does not possess the particular items listed. Based on that representation, the Defendant's Motion will be DISMISSED AS MOOT, with the proviso that the government's disclosure obligations are ongoing, and any information falling within the three categories set forth above which has not been produced shall be produced within the time limits prescribed by law.

SO ORDERED.