U.S. v. Nevilles

Full title: UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM NEVILLES, Defendant

Court: United States District Court, W.D. Tennessee, Western Division

Date published: Aug 19, 2004

No. 04-20070BV (W.D. Tenn. Aug. 19, 2004)

Opinion

No. 04-20070BV.

August 19, 2004

ORDER ON DEFENDANT'S MOTION FOR FRANKS HEARING AND TO COMPEL DISCLOSURE OF CONFIDENTIAL INFORMANT

DIANE VESCOVO, Magistrate Judge

Defendant William Nevilles has been indicted on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g), one count of possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841, and one count of carrying, using, and possessing a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c). On August 3, 2004, Nevilles, by and through his attorney, filed a motion to compel the government to disclose the identity of a confidential informant and for a Franks hearing. The motion was referred the next day to the United States Magistrate Judge for hearing and/or determination.

Pursuant to Local Criminal Rule 12.1, responses to motions in criminal cases are required to be filed within eleven days of the service of the motion if a party opposes the motion. The government has failed to respond to the motion, and the time for response has expired. Local Rule 12.1 further provides that "[f]ailure to file a response will constitute a waiver of any objections which the party may have to a motion."

In the absence of any response by the government, it is assumed that the government has no opposition to the motion and any objections it might have had to the motion are waived. Accordingly, Nevilles' motion to compel the identity of the confidential informant is granted, and this matter is set for a Franks hearing on Thursday, September 9, 2004, at 10:00 a.m. in Courtroom #5, Federal Building, Memphis, Tennessee 38103.

IT IS SO ORDERED.

In the absence of any objection by the government, defendant's motion for order compelling return of property is granted. The government is directed to return the computer and computer disks seized from E J Enterprises, 3845 Viscount, Suite 3, and 3835 Viscount, Suite 8, Memphis, Tennessee 38118, on September 28, 1992, to the defendant James D. Robinson, Jr. within ten days of the date of this order.

IT IS SO ORDERED.