Opinion
Case No. 04-60216-CR-COHN/SNOW.
April 28, 2005
ORDER AFFIRMING UNITED STATES MAGISTRATE JUDGE'S ORDER ON VARIOUS MOTIONS
THIS CAUSE is before the Court upon the Order on Various Motions issued by United States Magistrate Judge Lurana S. Snow on March 9, 2005 [DE #339]. Defendant appealed Magistrate Judge Snow's Order on March 21, 2005 [DE #386]. Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the pertinent court record, Magistrate Judge Snow's Order, and the applicable law, and is otherwise fully advised in the premises. The Court finds that Magistrate Judge Snow's Order is not clearly erroneous or contrary to law as required for a reconsideration under 28 U.S.C. § 636(b)(1)(A). Accordingly, it is
ORDERED AND ADJUDGED that the Order on Various Motions issued by Magistrate Judge Lurana S. Snow [DE #339] is hereby AFFIRMED as follows:
1. Defendant's Rule 12(b)(4)(B) Motion For Notice by the Government of Its Intention to Use Evidence in Its Case-In-Chief at Trial [DE #221] is hereby DENIED.
2. Defendant's Motion for Pre-Trial "Bourjaily" Hearing to Determine Existence of the Conspiracy and Admissibility of Alleged Conspiratorial Statements and to Exclude Alleged Co-Conspirator Hearsay [DE #218] is hereby DENIED.
3. Defendant's Motion For Production of Legal Instructions Provided to the Grand Jury that Returned the Superceding Indictment [DE #216] is hereby DENIED.
4. Defendant's Motion for Early Jencks Disclosure [DE #220] is hereby DENIED.