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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 453 Filed 11/12/21 Page9of52
In United States v. Velez, No. 3:10CR147 JBA, 2010 WL 4929266, at *7 (D. Conn. Nov.
30, 2010), the defendant moved for disclosure of any co-conspirator statements in advance of
trial. In response, the government agreed to disclose “‘well in advance of trial, exactly which of
the intercepted telephone calls will be offered as full exhibits at trial and transcripts of those calls
will be provided in advance of trial.” Based on that representation the court denied the motion to
produce as moot, “without prejudice to renew if the Government fails to comply with its ongoing
disclosure obligations.” /d.
In United States v. Smalls, No. CR 06-2403 RB, 2008 WL 11361098, at *8—9 (D.N.M.
Jan. 24, 2008), the court’s order was very detailed:
The United States is hereby instructed to:
file a supplemental brief identifying the summary witness; specifically identifying
each and every coconspirator statement it intends to offer at trial as evidence against
Defendants pursuant to Fed. R. Evid. 801(d)(2)(E); and stating how each proffered
statement satisfies the requirements of Rule 801(d)(2)(E). Specifically, with respect
to each alleged coconspirator statement, the United States must indicate: a) the
identity of the coconspirator who made the alleged statement; b) the identity of the
person or persons to whom the coconspirator statement was made; c) the identity
of the witness who will testify at trial about the coconspirator statement; d) the
content of the coconspirator statement; e) when the statement was made; f) how the
statement is in the course of the alleged conspiracy; and g) how the statement is in
furtherance of the alleged conspiracy. Additionally, the United States must identify
the independent evidence it intends to offer in support of admission of the alleged
coconspirator statements.
See also United States v. Brewington, No. 15-CR-00073-PAB, 2018 WL 1411274, at *3 (D.
Colo. Mar. 21, 2018) (court required the government to identify and produce all its purported
801(d)(2)(e) statements, in the hundreds; held an evidentiary pre-trial hearing about the
admissibility of those statements; and made detailed, statement by statement rulings about
admissibility, excluding some and conditionally admitting others); United States v. Bozeman,
No. 3:11-CR-129, 2012 WL 1071207, at *14 (E.D. Tenn. Mar. 29, 2012), aff'd, No. 3:11-CR-
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Extracted Information
Document Details
| Filename | DOJ-OGR-00006889.jpg |
| File Size | 811.9 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 2,452 characters |
| Indexed | 2026-02-03 17:16:22.162974 |