U.S. v. Shnewer

Full title: UNITED STATES OF AMERICA v. MOHAMAD IBRAHIM SHNEWER, DRITAN DUKA, a/k/a…

Court: United States District Court, D. New Jersey, Camden Vicinage

Date published: Aug 5, 2008

Crim. No. 07-459 (RBK) (D.N.J. Aug. 5, 2008)

Opinion

Crim. No. 07-459 (RBK).

August 5, 2008

ORDER

ROBERT KUGLER, Magistrate Judge

THIS MATTER having come before the Court on motions by Defendants (1) to change venue (Docket Entry No. 169); (2) to suppress evidence (Docket Entry Nos. 167, 170); (3) for severance pursuant to Bruton (Docket Entry Nos. 167, 173, 176); (4) to preserve rough notes (Docket Entry Nos. 176, 180); (5) to comply with all obligations pursuant to Brady, Giglio, Jencks (Docket Entry Nos. 172, 176, 180); (6) for expert disclosures (Docket Entry Nos. 179, 180); (7) for dismissal of Count one of the Indictment due to entrapment and outrageous government conduct (Docket Entry No. 180); (8) to sever (Docket Entry No. 180); (9) to strike surplusage from the Superceding Indictment (Docket Entry Nos. 167, 174, 176, 179, 180); (10) to strike multiplicitous and duplicitous usage from the Superceding Indictment (Docket Entry No. 167); (11) for a bill of particulars concerning paragraph 14 of the Superceding Indictment (Docket Entry No. 180); (12) to suppress post-arrest statements made by Tatar (Docket Entry No. 176); (13) to suppress Dritan Duka's post-arrest statement (Docket Entry No. 167); and (14) to join in codefendants' pretrial motions (Docket Entry Nos. 167, 175, 179, 180, 184); and the Court having considered the moving papers, the opposition thereto, and the arguments of counsel on the record on August 1, 2008; and for the reasons expressed on the record on August 1, 2008;

IT IS HEREBY ORDERED that Defendants' motion to change venue is DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to suppress evidence are DENIED;

IT IS FURTHER ORDERED that Defendants' motions for severance pursuant to Bruton are DENIED;

IT IS FURTHER ORDERED that Defendants' motions to preserve rough notes are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to comply with all obligations pursuant to Brady, Giglio, and Jencks are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions for expert disclosures are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motion for dismissal of Count One of the Superceding Indictment due to entrapment and outrageous government conduct is DENIED;

IT IS FURTHER ORDERED that Defendants' motion to sever is DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to strike surplusage from the Superceding Indictment are DENIED; however, until after the close of evidence, paragraph 3 of the Superceding Indictment will be summarized for the jury, not read;

IT IS FURTHER ORDERED that Defendants' motion to strike multiplicitous and duplicitous usage from the Superceding Indictment is DENIED;

IT IS FURTHER ORDERED that Defendants' motion for a bill of particulars concerning paragraph 14 of the Superceding Indictment is DENIED;

IT IS FURTHER ORDERED that Shnewer's motion to suppress post-arrest statements made by Tatar is DENIED;

IT IS FURTHER ORDERED that Defendants' motions to join in codefendants' pretrial motions are GRANTED;

The Court reserves ruling on the motion by Dritan Duka to suppress his post-arrest statement pending an evidentiary hearing scheduled for August 7, 2008.