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United States v. Guerra

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

May 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MANUEL DIMAS GUERRA, Defendant.

          MEMORANDUM OPINION AND ORDER

          SIDNEY A. FITZWATER, UNITED STATES DISTRICT JUDGE

         In this memorandum opinion and order, the court addresses several pretrial motions filed by defendant Manuel Dimas Guerra (“Guerra”) and one motion for discovery filed by the government.

         Guerra is charged in Count One of the indictment with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 846; in Count Two of the indictment with possession with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(viii)[1]; and in Count Three of the indictment with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A).[2] The following motions are pending for decision: Guerra's January 4, 2018 request for discovery of experts; Guerra's January 4, 2018 motion for pretrial notice under Fed.R.Evid. 404(b) of intention of government to introduce evidence of other crimes, wrongs, or acts; Guerra's January 4, 2018 motion for discovery of exculpatory evidence; Guerra's January 4, 2018 discovery motion; and the government's February 5, 2018 motion for discovery.[3] The trial is set for August 20, 2018.

         I

         In his January 4, 2018 request for discovery of experts, Guerra asks for two categories of disclosures.

         A

         Guerra first requests that the government be ordered under Fed. R. Crim. P. 16(a)(1)(F) to disclose any results or reports of any physical or mental examination and of any scientific test or experiment.

         To the extent that Guerra requests discovery that the government is required to disclose under Rules 16(a)(1)(F), 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. The government need not produce any discoverable statements covered by the Jencks Act or Rule 26.2 until the deadline specified infra at § V.

         B

         Guerra next requests that the government be ordered to produce a written summary of any testimony from any expert witnesses whom it intends to use under Fed.R.Evid. 702, 703, or 705 during its case-in-chief, including a description of the witness' opinions, the bases and reasons for those opinions, and the witness' qualifications.

         The court grants the motion to the extent that Rule 16(a)(1)(G) requires disclosure by the government; to the extent Guerra requests greater relief, the motion is denied. The court orders the government to comply with Rule 16(a)(1)(G) no later than the date specified infra at § V.

         II

         In his January 4, 2018 motion for pretrial notice under Fed.R.Evid. 404(b) of intention of government to introduce evidence of other crimes, wrongs, or acts, Guerra requests that the government be ordered to provide a general description of other crimes, wrongs, or acts by Guerra and the purpose for which such evidence will be offered. The government has not responded.

         The court grants the motion to the extent that Fed.R.Evid. 404(b) requires disclosure by the government. To the extent the motion exceeds what Fed.R.Evid. 404(b) requires, the motion is denied. The government must provide the notice required by ...


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