United States v. Suazo, 2:18-CR-26-DBH-02. (2019)
Court: District Court, D. Maine
Number: infdco20190920951
Visitors: 8
Filed: Sep. 19, 2019
Latest Update: Sep. 19, 2019
Summary: ORDER ON GOVERNMENT'S MOTION IN LIMINE D. BROCK HORNBY , District Judge . Both parties have advanced correct legal propositions on when references to sentencing penalties are pertinent or excludable. I cannot make a determination, however, until the facts and context are in play. Accordingly, I GRANT the government's motion to exclude penalty references in opening statements, but DENY it as to all other contexts WITHOUT PREJUDICE to its being raised again during trial as the facts
Summary: ORDER ON GOVERNMENT'S MOTION IN LIMINE D. BROCK HORNBY , District Judge . Both parties have advanced correct legal propositions on when references to sentencing penalties are pertinent or excludable. I cannot make a determination, however, until the facts and context are in play. Accordingly, I GRANT the government's motion to exclude penalty references in opening statements, but DENY it as to all other contexts WITHOUT PREJUDICE to its being raised again during trial as the facts ..
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ORDER ON GOVERNMENT'S MOTION IN LIMINE
D. BROCK HORNBY, District Judge.
Both parties have advanced correct legal propositions on when references to sentencing penalties are pertinent or excludable. I cannot make a determination, however, until the facts and context are in play. Accordingly, I GRANT the government's motion to exclude penalty references in opening statements, but DENY it as to all other contexts WITHOUT PREJUDICE to its being raised again during trial as the facts and context become apparent. Counsel shall approach the bench for permission, however, before referring to penalties in the presence of the jury.
SO ORDERED.
Source: Leagle
