United States v. Ahmed, 1:17-CR-151. (2019)
Court: District Court, E.D. Texas
Number: infdco20191202b99
Visitors: 26
Filed: Nov. 27, 2019
Latest Update: Nov. 27, 2019
Summary: MEMORANDUM AND ORDER MARCIA A. CRONE , District Judge . Pending before the court are the Government's Motion in Limine (#116), wherein the Government seeks the admission of certain entries from the Federal Register which contain the State Department's designation of the Islamic State of Iraq and al-Sham and the Islamic State in Iraq and Syria ("ISIS") as a foreign terrorist organization, and Request for Judicial Notice (#115), wherein the Government requests that the court take judicial not
Summary: MEMORANDUM AND ORDER MARCIA A. CRONE , District Judge . Pending before the court are the Government's Motion in Limine (#116), wherein the Government seeks the admission of certain entries from the Federal Register which contain the State Department's designation of the Islamic State of Iraq and al-Sham and the Islamic State in Iraq and Syria ("ISIS") as a foreign terrorist organization, and Request for Judicial Notice (#115), wherein the Government requests that the court take judicial noti..
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MEMORANDUM AND ORDER
MARCIA A. CRONE, District Judge.
Pending before the court are the Government's Motion in Limine (#116), wherein the Government seeks the admission of certain entries from the Federal Register which contain the State Department's designation of the Islamic State of Iraq and al-Sham and the Islamic State in Iraq and Syria ("ISIS") as a foreign terrorist organization, and Request for Judicial Notice (#115), wherein the Government requests that the court take judicial notice that ISIS is a designated foreign terrorist organization. The court ordered (#125) that Defendant Mohamed Ibrahim Ahmed's ("Ahmed") response to these motions was due November 26, 2019. Ahmed failed to file a timely response.
Notwithstanding Ahmed's failure to file a response, entries in the Federal Register are self-authenticating, public records exempted from the rule against hearsay. See FED. R. EVID. 803(8); 901(b)(7); Tomlin v. Beto, 377 F.2d 276, 277 (5th Cir. 1967) ("Official records are a well recognized exception to the hearsay rule."). Further, federal law mandates that "[t]he contents of the Federal Register shall be judicially noticed . . . ." 44 U.S.C. § 1507 (emphasis added). Accordingly, the Government's Motion in Limine (#116) and Request for Judicial Notice (#115) are granted.
Source: Leagle
