IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES )
)
v. ) Criminal No. xx- 40-02 (RMU)
)
xxxxxxxxxxxxxxxxx, )
)
Defendant. )
_________________________ )
MOTION AND INCORPORATED MEMORANDUM TO FILE MOTIONS
AFTER MARCH 3, 1997 BASED ON THE DISCLOSURE,
OR LACK THEREOF, OF ADDITIONAL DISCOVERY
Mr. xxxxxxxxxxxx, by and through undersigned counsel, hereby moves this Honorable Court to permit him to file motions after March 3, 1997, if such motions should become necessary because the government fails to comply with its obligation to produce such information in a timely fashion or because of newly uncovered information. As grounds for this motion, Mr. xxxxxxx states as follows:
1. At the arraignment on February 12, 1997, this Court set a March 3, 1997 deadline for filing all motions.
2. Counsel for the government has provided some initial discovery to the defense; however, such discovery is not complete at this time. See Letter to Michael Lennon, attached as Exhibit 1. Undersigned is particularly concerned about whether a motion to suppress evidence is appropriate in this case; however, that decision can not be made until the defense has been provided with a copy of the search warrant, inventory, and affidavit relied upon by the government in conducting his search of xxx xxx Place, NE.
3. Undersigned counsel wishes to attempt to resolve all such discovery issues informally before filing a motion to compel, and to only file such a motion should these informal efforts be unavailing. Although the motions deadline is not until March 3, 1997, this motion is being filed prior to that date because undersigned will be out of the office for the entire week of March 3rd.
4. Accordingly, the defendant requests that the Court permit him to file such motions after March 3, 1997, in the event that the government fails to comply with its discovery obligations and informal efforts to resolve these issues are unsuccessful, or in the event that newly disclosed discovery provides a basis for additional defense motions.
WHEREFORE, for the foregoing reasons, and and other reasons this Court may deem just and proper it is respectfully requested that defendant xxxxxxx's Motion be granted.
Respectfully submitted,
A.J. KRAMER
FEDERAL PUBLIC DEFENDER
L. Barrett Boss
Assistant Federal Public Defender
625 Indiana Avenue, N.W., Suite 550
Washington, D.C. 20004
(202) 208-7500
Counsel for Mr. xxxxxxx
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing motion was served upon
Michael Lennon, Assistant United States Attorney, 555 - 4th Street, N.W., Washington, D.C.
20001, by hand delivering a copy to a receptacle at the United States District Courthouse,
3rd and Constitution Avenue, N.W., Washington, D.C. provided for pleadings upon the Office
of the United States Attorney, on this 25th day of February, 1997.
__________________________
L. Barrett Boss
Assistant Federal Public Defender
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES )
)
v. ) Criminal No. xx- 40-02 (RMU)
)
xxxxxxx xxxxxxx, )
)
Defendant. )
_________________________ )
O R D E R
Upon consideration of Defendant xxxxxxx's Motion To File Motions to Compel Discovery After March 3, 1997, the government's Response thereto, and the entire record in this matter, it is this ________ day of , 1997, hereby
ORDERED that defendant xxxxxxx's Motion is granted; and it is further
ORDERED that Mr. Lucas shall be permitted to file motions after March 3, 1997 should the government fail to comply with its discovery obligations, written or verbal representations, if the defendant uncovers new information regarding discoverable material which is in the government's possession or if newly disclosed discovery provides a basis for additional defense motions.
________________________________
RICARDO M. URBINA
UNITED STATES DISTRICT JUDGE
Copies to:
L. Barrett Boss
Assistant Federal Defender
625 Indiana Avenue, N.W.
Suite 550
Washington, D.C. 20004
AUSA Michael Lennon
555 4th Street, NW
Washington, DC 20001