IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

NEWNAN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 3:93-CR-20-01 )

xxxxxxxxxxxxx )

______________________________)

MOTION FOR INFORMATION REGARDING

PRIOR BAD ACTS OF DEFENDANT

AND BRIEF IN SUPPORT

COMES NOW Defendant, xxxxxxxxxxxxx by and through undersigned counsel, and moves for an order directing the government to disclose whether or not it intends to introduce evidence in its case in chief under Rule 404(b) of the Federal Rules of Evidence.

Pursuant to Rule 404(b), the government may introduce in its case in chief prior or subsequent misconduct, or prior or subsequent "bad acts", or prior or subsequent criminal conduct of this defendant which is not charged on the face of the indictment. If the government does in fact intend to introduce such evidence, defendant further requests that the government be ordered to disclose the name and address of each witness who will testify to said activity, a description of the conduct which the government intends to introduce into evidence, and the date and place of the conduct.

DATED: This ____ day of June, 1993.

Respectfully submitted,

_______________________________

R. GARY SPENCER

Attorney for

State Bar Number: 671905

Federal Defender Program, Inc.

Suite 3512

101 Marietta Tower

Atlanta, Georgia 30303

404/688-7530

CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing Motion for Information regarding Prior Bad Acts upon:

James R. Harper III

Assistant United States Attorney

1800 Richard B. Russell Building

75 Spring Street, S.W.

Atlanta, Georgia 30303

by hand delivery, and by delivering a copy by United States mail to:

Howard J. Manchel

101 Marietta Tower

Suite 3612

Atlanta, Georgia 30303

DATED: This ____ day of June, 1993.

_______________________________

R. GARY SPENCER

Attorney for

State Bar Number: 671905

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