IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES )

)

v. ) Criminal No. xx-149-01 (TAF)

)

xxxxxxxx xxxxxxxxxxxxxx, )

)

Defendant. )

_________________________)

MOTION AND INCORPORATED MEMORANDUM TO FILE MOTIONS

TO COMPEL DISCOVERY AFTER JUNE 5, 1996

Mr. xxxxxxxxxxx, by and through undersigned counsel, hereby moves this Honorable Court to permit him to file motions to compel discovery after June 5, 1996, 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. xxxxxxxxxxx states as follows:

1. This Court set a June 5, 1996 deadline for filing all motions.

2. Counsel for the government has provided initial discovery to the defense; however, it does not appear that such discovery is complete at this time. 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.

3. Accordingly, the defendant requests that the Court permit him to file such motions after June 5, 1996, 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 new information is disclosed regarding additional material in the government's possession.

WHEREFORE, for the foregoing reasons, and other reasons this Court may deem just and proper it is respectfully requested that defendant xxxxxxxxxxx's Motion And Incorporated Memorandum To File Motions to Compel Discovery After June 5, 1996 be granted.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

L. Barrett Boss

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

xxxxxxxxxxx, D.C. 20004

(202) 208-7500

Counsel for Mr. xxxxxxxxxxx

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES )

)

v. ) Criminal No. xx-149-01 (TAF)

)

xxxxxxxxxx  xxxxxxxxxxx, )

)

Defendant. )

_________________________)

O R D E R

Upon consideration of Defendant xxxxxxxxxxx's Motion To File Motions to Compel Discovery After June 5, 1996 the government's Response thereto, and the entire record in this matter, it is this ________ day of , 1996, hereby

ORDERED that defendant xxxxxxxxxxx's Motion is granted; and it is further

ORDERED that Mr. xxxxxxxxxxx shall be permitted to file discovery motions after June 5, 1996 should the government fail to comply with its written or verbal representations, or if the defendant uncovers new information regarding discoverable material which is in the government's possession.

________________________________

UNITED STATES DISTRICT JUDGE

Copies to:

L. Barrett Boss

Assistant Federal Defender Chrisellen Kolb

625 Indiana Avenue, N.W. Assistant U.S. Attorney

Suite 550 555 4th Street, N.W.

xxxxxxxxxxx, D.C. 20004 xxxxxxxxxxx, D.C. 20001

CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing motion was served upon Chrisellen Kolb, Assistant United States Attorney, 555 - 4th Street, N.W., xxxxxxxxxxx, D.C. 20001, by hand delivering a copy to a receptacle at the United States District Courthouse, 3rd and Constitution Avenue, N.W., xxxxxxxxxxx, D.C. provided for pleadings upon the Office of the United States Attorney, on this 3rd day of June, 1996.

__________________________

L. Barrett Boss