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Case 1:20-cr-00330-PAE Document 452 Filed 11/12/21 Page 73 of 84
evidence regarding the circumstances surrounding the seizure of the USB drive, Federal Rule of
Evidence 901(b)(4) permits authentication based on ‘[t]he appearance, contents, substance,
internal patterns, or other distinctive characteristics of the item, taken together with all the
circumstances.’” /d. (alteration in original) (quoting Fed. R. Evid 901(b)(4)). Witness testimony
about the content of the letters was “sufficient to pass the relatively low bar for authentication of
evidence,” and “any remaining questions as to the reliability of the letters go to their evidentiary
weight, not their admissibility.” /d. at 24-25.
Similarly, although physical evidence may be authenticated through a chain of custody,
“any flaws in the chain of custody bear only on the weight of the evidence, and not on its
admissibility.” United States v. Stuckey, No. 06 Cr. 339 (RPP), 2007 WL 2962594, at *7 (S.D.N.Y.
2007) (citing United States v. Morrison, 153 F.3d 34, 57 (2d Cir. 1998)); see also United States v.
Hemmings, 482 F. App’x 640, 643 (2d Cir. 2012) (summary order) (similar). “Evidence should
be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential
grounds.” United States v. Cilins, No. 13 CR. 315 (WHP), 2014 WL 173414, at *2 (S.D.N.Y. Jan.
15, 2014) (citation and internal quotation marks omitted).
B. Discussion
The defense’s challenges to the Government’s exhibits largely turn on the Government’s
ability to authenticate them. Those arguments are premature. At trial, the Government expects
that witnesses familiar with the exhibits will testify that the items are what the Government claims
they are. The defendant is not entitled to a preview of the Government’s case-in-chief at this
juncture.
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Document Details
| Filename | DOJ-OGR-00006781.jpg |
| File Size | 640.2 KB |
| OCR Confidence | 93.4% |
| Has Readable Text | Yes |
| Text Length | 1,841 characters |
| Indexed | 2026-02-03 17:14:20.886297 |