Rich Curtner
Federal Public Defender
FEDERAL PUBLIC DEFENDER
DISTRICT OF ALASKA
550 W. 7th Avenue, Suite 1600
Anchorage, Alaska 99501
(907) 271-2277
Attorney for Defendant
Ray R. Brown
Dillon & Findley
510 L Street, Suite 603
Anchorage, AK 99501
(907)277-5400
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA, ) NO. xxxxxxxxxxxxx
)
Plaintiff, )
)
vs. ) CO-DEFENDANTS xxxxxx AND
) xxxxxx'S JOINT MOTION FOR
ROBERT W. xxxxxxx, ) PRETRIAL DETERMINATION
WILLIAM D. xxxxxx, ) OF ADMISSIBILITY OF
CAROL A. xxxxxx, ) CO-CONSPIRATOR'S STATEMENTS
)
Defendants. )
____________________________________)
A period of
excludable delay under 18 U.S.C. 3161(h)(l)(F) may occur as the result of the
filing/granting/denying of this motion.
COME NOW THE DEFENDANTS, WILLIAM D. ("WAYNE") xxxxxx, by and through counsel Rich Curtner, Federal Public Defender, and CAROL xxxxxx, by and through counsel, RAY BROWN, and move this court for pretrial determination of the admissibility of out-of-court statements of alleged co-conspirators against defendants xxxxxx and xxxxxx. This motion is brought pursuant to Federal Rule of Evidence 801(d)(2)(E), the due process clause of the Fifth Amendment, and the confrontation clause of the Sixth Amendment to the United States Constitution.
This motion is supported by the attached Memorandum of Law.
Dated this ____ day of June, 1997.
Respectfully submitted,
FEDERAL PUBLIC DEFENDER
DISTRICT OF ALASKA
________________________________
Rich Curtner
Federal Public Defender
Attorney for Defendant xxxxxx
________________________________
Ray R. Brown
Attorney for Defendant xxxxxx
Rich Curtner
Federal Public Defender
FEDERAL PUBLIC DEFENDER
DISTRICT OF ALASKA
550 W. 7th Avenue, Suite 1600
Anchorage, Alaska 99501
(907) 271-2277
Attorney for Defendant
Ray R. Brown
Dillon & Findley
510 L Street, Suite 603
Anchorage, AK 99501
(907)277-5400
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA, ) NO. xxxxxxxxxxxxxxxxx
)
Plaintiff, ) MEMORANDUM OF LAW
) IN SUPPORT OF JOINT MOTION
vs. ) FOR PRETRIAL DETERMINATION
) OF ADMISSIBILITY OF
ROBERT W. xxxxxxx, ) CO-CONSPIRATOR'S STATEMENTS
WILLIAM D. xxxxxx, )
CAROL A. xxxxxx, )
)
Defendants. )
____________________________________)
I. INTRODUCTION.
Wayne xxxxxx and Carol xxxxxx have been charged in a 52-page indictment that charges three different conspiracies over a nine year period, within the Districts of Alaska, Southern California, Northern Texas, Wyoming and elsewhere.
The government has disclosed that
there are at least ten people who have been offered immunity by the government in exchange
for their cooperation in this investigatioW; ~jZ'v[e @1 A nb9og £^