U.S. v. Stubblefield

Full title: UNITED STATES OF AMERICA Petitioner, v. TYRELL STUBBLEFIELD, Defendant

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

Date published: Aug 28, 2008

Case No. 08-20308 (E.D. Mich. Aug. 28, 2008)

Opinion

Case No. 08-20308.

August 28, 2008

ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE ADDITIONAL PRETRIAL MATERIALS AND DENYING AS MOOT DEFENDANT'S MOTIONS FOR DISCLOSURE OF BRADY MATERIALS AND 404(B) EVIDENCE

DENISE HOOD, District Judge

I. INTRODUCTION

This matter is before the Court on the Defendant's Motion for Disclosure of Brady Materials [Docket No. 19, filed June 26, 2008], and Defendant's Motion for Leave to File Additional Pretrial Motions [Docket No. 20, filed June 26, 2008], and Defendant's Motion for Notice Regrading 404(b) Evidence [Docket No. 21, filed June 26, 2008]. The Government also filed a Motion in response to the Defendant's motions regarding 404(b) evidence. A hearing was held August 25, 2008.

II. STATEMENT OF FACTS

As to Defendant 1, Anthony Stubblefield ("Anthony"), the indictment alleges three counts:

1) Possession with Intent to Distribute Marijuana, 21 U.S.C. § 841(A)(1);

2) Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. § 924(c)(1)(A);

3) Improper Storage of Explosive Materials, 18 U.S.C. § 842(j).

As to Defendant 2, Tyrell Stubblefield ("Tyrell"), the indictment alleges two counts:

1) Possession With Intent to Distribute Cocaine Base (over 5 grams), 21 U.S.C. § 841(a)(1);

2) Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. § 924(c)(1)(A).

III. MOTIONS Defendant's Motion for Disclosure of Brady Materials

Defendant requests disclosure of any exculpatory evidence from the Government pursuant to the Court's Standing Order for Discovery and Inspection, Fed.R.Crim.P. 16(a)(1)(C), Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, Rule 404(b) evidence. The Government acknowledges that at this it has provided discovery, thereby mooting the Defendant's Motion for Disclosure of Brady Materials.

Defendant's Motions for Leave to File Additional Pretrial Motions

Defendant requests leave to file additional pretrial motions. The Government does not object. The Defendant will have until September 12, 2008 to file any motions to suppress.

Defendant's Motion for Notice From the Government Regarding R. 404(b) Evidence

IV. CONCLUSION

404

IT IS ORDERED that the Defendant's Motion for Disclosure of Brady Materials [Docket No. 19, filed June 26, 2008] is DENIED as MOOT. IT IS FURTHER ORDERED that the Defendant's Motion for Leave to File Additional Pretrial Motions [Docket No. 20, filed June 26, 2008] is GRANTED, and Defendant may file until September 12, 2008.

IT IS FURTHER ORDERED that the Defendant's Motion for Notice From the Government Regarding R. 404(b) Evidence [Docket No. 21, filed June 26, 2008] is DENIED as MOOT. IT IS FURTHER ORDERED that the Government shall provide notice of its intent to use rule 404(b) evidence, two weeks prior to trial.