Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Robinett

United States District Court, N.D. Texas, Dallas Division

April 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KELLY ROBINETT, Defendant.

          MEMORANDUM OPINION AND ORDER

          SIDNEY A. FITZWATER, UNITED STATES DISTRICT JUDGE

         In this memorandum opinion and order, the court addresses the following motions filed by defendant Kelly Robinett (“Robinett”): April 14, 2017 motion for discovery and inspection; April 14, 2017 unopposed motion for early disclosure of Jencks Act materials; April 14, 2017 motion for early production of witness statements; April 14, 2017 unopposed motion for disclosure of extraneous offenses; April 14, 2017 motion for disclosure of impeachment information; April 14, 2017 unopposed motion for disclosure of plea bargain agreements and grants of immunity; April 14, 2017 motion for evidence favorable to defendant; April 14, 2017 motion for in-camera inspection of co-defendant statements; January 12, 2018 motion for severance; and January 12, 2018 motion for disclosure of experts and reports.[1] Robinett, along with five other defendants, is charged in Count 1 of the superseding indictment with conspiracy to commit healthcare fraud, in violation of 18 U.S.C. § 1349, and he is charged in Counts 4, 5, and 6 with healthcare fraud, in violation of 18 U.S.C. § 1347, and aiding and abetting, in violation of 18 U.S.C. § 2. The trial is set for July 23, 2018.

         I

         The following motions filed by Robinett are unopposed: April 14, 2017 unopposed motion for early disclosure of Jencks Act materials; April 14, 2017 unopposed motion for disclosure of extraneous offenses; April 14, 2017 unopposed motion for disclosure of plea bargain agreements and grants of immunity; and January 12, 2018 motion for disclosure of experts and reports.[2] Accordingly, the court grants the motions as follows. As provided infra at § VI, the government must disclose Jencks Act statements no later July 9, 2018 at noon, and it must make the disclosures that are the subject of the other three motions no later than July 2, 2018 at noon.

         II

         In Robinett's April 14, 2017 motion for discovery and inspection, he moves for 19 categories of discovery. The court has organized some of Robinett's categories of evidence into subcategories for purposes of this memorandum opinion and order.

         A

         Rule 16 Evidence

         In requests Nos. 2, 4-8, and 14-17, Robinett requests that the government be ordered to disclose information or evidence as required by Fed. R. Crim. P. 16(a)(1)(A)-(D). In request No. 2, Robinett requests that the government be ordered to disclose any written or recorded statements made by, or purported to have been made by, Robinett, together with the substance of any oral statement attributed to him, including any tape recordings of conversations, whether by telephone or other means, to which Robinett is purported to have been a party, and any and all documents, instruments, or forms of any kind signed or purported to have been signed by Robinett. Robinett requests in request No. 4 that the government be ordered to disclose any DEA, FBI, or other federal or local law enforcement arrest, charge, and conviction records of Robinett. In request No. 5, Robinett requests that the government be ordered to disclose any tangible objects obtained during the investigation of this case, including any and all currency, documents, instruments, or other writings obtained from Robinett. Robinett requests in No. 6 that the government be ordered to disclose any instruments, documents, or other tangible objects that the government intends to use in its case-in-chief and that were obtained from, or are alleged to belong to, or were made of Robinett. In request No. 7, Robinett requests that the government be ordered to disclose all other instruments, documents, transcripts, or other tangible objects that the government plans to offer as evidence in this case. Robinett requests in request No. 8 that the government be ordered to disclose any books, papers, documents, or tangible objects that the government relied on in returning the indictment against Robinett, or that the government plans to offer in evidence in this case. In request No. 14, Robinett requests that the government be ordered to disclose any and all results of physical and mental examinations. Robinett requests in request No. 15 that the government be ordered to disclose any written reports of any scientific analysis, test, or any experimentation of any evidence that the government intends to introduce as evidence in this action, if any, conducted by the government or any of its agents or anyone at its direction, together with a description, test results, test dates, and any other determinations.[3] In request No. 16, Robinett requests that the government be ordered to disclose any handwriting or voice exemplars or other materials (whether of Robinett or of some other person or persons, known or unknown) that the government intends to offer into evidence, including any comparisons or written reports or tests, analysis, or other examinations conducted by the government, any of its agents, or anyone at its direction. Robinett requests in request No. 17 that the government be ordered to disclose the transcript or testimony given by any person before the grand jury in this action, including the precise nature of any statements attributable to defendant.

         To the extent that Robinett requests discovery that the government is required to disclose under Rules 16(a)(1)(A)-(D), 12(b)(4), and 26.2, Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, Giglio v. United States, 405 U.S. 150 (1972), and its progeny, and/or the Jencks Act, 18 U.S.C. § 3500, the motion is granted. To the extent his requests exceed what is required by these authorities, the motion is denied.

         B

         Rule 12(b)(4) Evidence

         In request No. 1, Robinett requests that the government be ordered to notify him of any evidence it intends to use in its case-in-chief in order to afford him an opportunity to move to suppress evidence under Rule 12(b)(3). To the extent that Robinett requests discovery that the government is required to disclose under Rule 12(b)(4), the motion is granted. To the extent his request exceeds what is required by this authority, the motion is denied.

         C

         Statements of codefendants or coconspirators

         In request No. 3, Robinett requests that the government be ordered to disclose any statements that the government alleges are admissible under Fed.R.Evid. 801(d)(2)(D) against defendant that a coconspirator made during the course and in furtherance of a conspiracy. In request No. 9, Robinett requests that the government be ordered to disclose any statements of the codefendants or alleged coconspirators, whether written or oral, subsequently reduced to writing, taped, recorded, transcribed, or summarized in any agents' reports, or copies thereof, within the possession, custody, or control of the government.

         To the extent Robinett requests discovery that the government is required to disclose under Rules 12(b)(4), 16, and 26.2, Brady, Giglio, and/or the Jencks Act, the motion is granted. To the extent his requests ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.