Filed: Aug. 08, 2011
Latest Update: Aug. 08, 2011
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the United States' Motion in Limine #8, filed July 31, 2011 (Doc. 52)("Motion"). The Court held a hearing on August 3, 2011. The primary issues are whether the Court should: (i) prohibit Defendant Eddie Chaco, Jr., his counsel, and his witnesses from presenting evidence or mentioning an alibi defense; and (ii) prohibit Chaco, his counsel, and his witnesses, in the jury's presence, from pre
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the United States' Motion in Limine #8, filed July 31, 2011 (Doc. 52)("Motion"). The Court held a hearing on August 3, 2011. The primary issues are whether the Court should: (i) prohibit Defendant Eddie Chaco, Jr., his counsel, and his witnesses from presenting evidence or mentioning an alibi defense; and (ii) prohibit Chaco, his counsel, and his witnesses, in the jury's presence, from pres..
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MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on the United States' Motion in Limine #8, filed July 31, 2011 (Doc. 52)("Motion"). The Court held a hearing on August 3, 2011. The primary issues are whether the Court should: (i) prohibit Defendant Eddie Chaco, Jr., his counsel, and his witnesses from presenting evidence or mentioning an alibi defense; and (ii) prohibit Chaco, his counsel, and his witnesses, in the jury's presence, from presenting evidence or mentioning sentencing consequences of a guilty verdict. On August 1, 2011, Chaco filed his Response to United States' Motion in Limine #8. See Doc. 61 ("Response"). Chaco states that he "ha[s] not ever considered informing the jury of his potential sentence, and Mr. Chaco will not address the potential sentence of a thirty (30) mandatory sentence." Response at 1. In his Response, Chaco stated that the "United States' request for information regarding an alibi defense is not relevant." Response at 2. At the hearing, Chaco clarified that he does not intend to present an alibi defense. Accordingly, the Court grants the Motion.
IT IS ORDERED that the United States' Motion in Limine #8, filed July 31, 2011 (Doc. 52), is granted.
