U.S. v. MEHMOOD, 2:12-cr-00154 JAM. (2015)
Court: District Court, E.D. California
Number: infdco20150204c66
Visitors: 10
Filed: Feb. 03, 2015
Latest Update: Feb. 03, 2015
Summary: ORDER RULING ON DEFENDANT'S MOTIONS AND REQUESTS JOHN A. MENDEZ, District Judge. On January 13, 2015, the Court heard argument from Defendant Yasir Mehmood and the United States on numerous defense motions. The Court's rulings at that hearing as set forth in the chart below are herein made final. I. ORDER Doc.# Motion Disposition Reasoning 62 MOTION to get Oral, NOT A Actually a request Written, or Recorded MOTION for di
Summary: ORDER RULING ON DEFENDANT'S MOTIONS AND REQUESTS JOHN A. MENDEZ, District Judge. On January 13, 2015, the Court heard argument from Defendant Yasir Mehmood and the United States on numerous defense motions. The Court's rulings at that hearing as set forth in the chart below are herein made final. I. ORDER Doc.# Motion Disposition Reasoning 62 MOTION to get Oral, NOT A Actually a request Written, or Recorded MOTION for dis..
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ORDER RULING ON DEFENDANT'S MOTIONS AND REQUESTS
JOHN A. MENDEZ, District Judge.
On January 13, 2015, the Court heard argument from Defendant Yasir Mehmood and the United States on numerous defense motions. The Court's rulings at that hearing as set forth in the chart below are herein made final.
I. ORDER
Doc.# Motion Disposition Reasoning
62 MOTION to get Oral, NOT A Actually a request
Written, or Recorded MOTION for discovery under
Statements from U.S. Rule 16(a). In its
Attorney supplemental
opposition (Doc.
#295), the
Government has made
updated
representations as
to the discovery
that has been
provided to
Defendant. The
Court will inquire
as to the status of
discovery at the
2/17/15 hearing.
135 MOTION TO DISMISS count DENIED AS Count 34 is not
34 OOT charged in the
Third Superseding
Indictment.
136 MOTION for Discovery MOOT/NOT A Actually a request
MOTION for discovery under
Rule 16(a). See
Doc. #62.
139 LETTER re: Speedy Trial DENIED Court properly
Act determined
excludable time
based on specific
findings of fact.
140 MOTION as to defect in DENIED AS Second Superseding
the indictment MOOT Indictment is no
longer controlling.
143 MOTION to VACATE DENIED Magistrate Judge
forfeiture of bail found that
amount Defendant had
violated the
conditions of his
release and ordered
Defendant detained.
146 MOTION to DISMISS the DENIED AS Duplicative of
indictment MOOT #139. Court
properly determined
excludable time
based on specific
findings of fact.
147 MOTION to produce MOOT/NOT A Actually a request
certified images/video MOTION for discovery under
tape from victim bank Rule 16(a). See
Doc. #62.
148 MOTION to DISMISS counts PENDING Court has ordered
19, 20, 21, and 22 further briefing as
to (1) whether
there was any loss
to the bank, and
(2) whether loss is
an element of the
bank fraud statute.
149 MOTION to defect in DENIED Allegations in the
indictment in count 35 indictment must be
of 2nd superseding accepted as true on
indictment a motion to
dismiss.
150 MOTION for disclosure of DENIED Premature request
criminal records of WITHOUT for material that
government witnesses PREJUDICE is impeaching of
government
witnesses under
Giglio.
152 MOTION for bill of DENIED Indictment and
particulars for counts discovery provided
36 and 37 of second by the government
superseding indictment adequately advise
Defendant of the
charges against
him.
154 MOTION for bill of DENIED Indictment and
particulars for counts discovery provided
1, 13, 14 of second by the government
superseding indictment adequately advise
Defendant of the
charges against
him.
156 MOTION to DISMISS counts DENIED Mere adding of a
13, 14, 26 new charge before
trial does not give
rise to an
appearance of
vindictiveness.
157 MOTION to DISMISS counts PENDING Court has ordered
17, 18, 23, 24 further briefing on
whether the bank
was victimized in
the alleged fraud.
158 MOTION for BILL of DENIED Indictment and
PARTICULARS discovery provided
by the government
adequately advise
Defendant of the
charges against
him.
159 MOTION for BILL of DENIED Indictment and
PARTICULARS discovery provided
by the government
adequately advise
Defendant of the
charges against
him.
160 MOTION to DISMISS DENIED AS Second Superseding
MOOT Indictment is no
longer controlling.
161 MOTION to Order victims DENIED Premature request
or witness' character WITHOUT for material that
details PREJUDICE is impeaching of
government
witnesses under
Giglio.
162 MOTION to Order Joinder DENIED AS Second Superseding
of offenses, secure MOOT Indictment is no
trial on one count of longer controlling.
false statement
164 MOTION to Order Suppress DENIED No basis to
Statement suppress statements
made without an
interpreter because
Defendant has
waived interpreter.
Defendant has also
failed to identify
any statements made
to law enforcement
outside presence of
counsel, while he
was represented.
165 MOTION to Order Suppress DENIED Voluntary
Evidence 4th Amend production of
Objection documents by third
party to law
enforcement does
not constitute a
search and seizure
under the Fourth
Amendment.
169 MOTION to Order copy of DENIED Redacted versions
storage media/mirror produced by the
image Government fulfill
its discovery
obligations.
170 MOTION for an Order to MOOT/NOT A Actually a request
produce certified MOTION for discovery under
images, pictures, video Rule 16(a). See
tape, videos from victim Doc. #62.
banks/walmart
171 MOTION for DISCOVERY DENIED Premature request
WITHOUT for material that
PREJUDICE is impeaching of
government
witnesses under
Giglio.
175 MOTION to STRIKE DENIED AS No prejudicial or
MOOT inflammatory
language is cited
by Defendant.
176 MOTION for DISCOVERY and DENIED Premature request
MOTION for DISCLOSURE WITHOUT for material that
PREJUDICE is impeaching of
government
witnesses under
Giglio.
177 MOTION to access grand PENDING Court has taken the
jury composition issue of access to
grand jury
information under
submission.
187 Motion for law library DENIED Duplicative of Doc.
access #122, denied on
3/11/14.
188 Motion for transfer to DENIED Duplicative of Doc.
BOP facility #151, denied on
3/11/14.
201 Motions for DENIED No new information
miscellaneous relief has been provided
in connection with
this motion to
reconsider.
203 MOTION to RECONSIDER the PENDING Court has ordered
ruling on Motions for further briefing on
return of property Defendant's
underlying motion
to suppress.
203-1 MOTION for DENIED No new information
RECONSIDERATION: Request has been provided
for Forensic Expert in connection with
this motion to
reconsider.
204 MOTION IN LIMINE and to DENIED There is no factual
dismiss Count 37 of the basis for the
second superseding claims presented in
indictment this motion.
205 MOTION for DENIED Duplicative of Doc.
RECONSIDERATION re 202 #122, denied on
Status Conference 3/11/14.
hearing
206 MOTION for GRANTED in Granted with regard
RECONSIDERATION re 202 part, to standby counsel.
MINUTES DENIED in Denied with regard
part to all other
aspects of the
motion to
reconsider, as no
new information has
been furnished by
Defendant.
207 Motion to proceed in DENIED AS IFP status granted
forma pauperis MOOT to Defendant in
Doc. #182.
211, Requests for Criminal DENIED Defendant's claims
212, Investigation lack any legal or
215, factual support.
229,
230,
and
231.
232, Requests for Subpoena DENIED Requests are
233, Forms premature.
and
234
235, Requests for various MOOT/NOT A United States
236, materials MOTION Attorney's Office
238, has provided
and Defendant with full
244 copy of the docket.
237 Requests for Local Rules MOOT/NOT A United States
and and Federal Rules of MOTION Attorney's Office
239 Criminal Procedure has indicated that
it provided these
materials to
Defendant.
245 MOTION for relief DENIED Magistrate Judge
from 37 Order ordered forfeiture
of bond on 3/7/13.
Cites no authority
for proposition
that Fifth and
Sixth Amendments
are violated when
court orders the
forfeiture of bond
posted by third
party sureties.
250 MOTION to Quash the DENIED Magistrate Judge
Appearance Bond filed on ordered forfeiture
4/16/12 as vague, null of bond on 3/7/13.
and void Cites no authority
for proposition
that Fifth and
Sixth Amendments
are violated when
court orders the
forfeiture of bond
posted by third
party sureties.
251 MOTION to correct DENIED The motion is
forensic evaluation unnecessary as only
report the Court reviews
the report, and
Defendant cites no
applicable
authority for its
motion.
252 MOTION to transfer PENDING The Court has taken
defendant to a the matter under
correctional facility as further
ordered in the detention consideration.
order dated 3/11/13
253 MOTION to Quash the DENIED AS Conditions of
conditions of release MOOT release were
already found to
have been violated.
254 MOTION to dismiss DENIED Duplicative of Doc.
pretrial services #245 and Doc. #250,
officer's petition filed denied above.
on 3/1/13
255 MOTION to DISMISS count DENIED Belied by the
38 in 2nd superseding record: he was
indictment advised of
conditions of
release on 4/16/12
and signed "Notice
to the Defendant
Being Released"
(Doc. #12).
256 MOTION to Order"; DENIED Defendant's
"Notice of an alibi statement fails to
defense" meet requirements
of Rule 12.1.
Therefore, the
United States is
not obligated to
make any
disclosures.
257 "MOTION to Order", "To DENIED (1) Arrest warrant
Quash the Arrest Warrant sworn by United
#2:12-mj-93 DAD" States Postal
Inspector;
(2) Arrest warrant
referenced
complaint and case
number;
(3) Defendant fails
to show Magistrate
Judge Drozd was not
neutral;
(4) Defendant cites
no authority for
argument that
warrant must be
directed to
specific arresting
officer; and
(5) Defendant cites
no authority for
argument that
arrest warrant must
have seal.
258 "MOTION to order"; "to DENIED (1) Arrest warrant
quash the arrest warrant was properly issued
#8841415 executed on by Magistrate Judge
3/9/13 at request of
United States
Attorney based on
information
provided to the
Court by pre-trial
services officer
under oath.
Defendant conceded
violations of pre-trial
release and
did not request re-release
on any new
conditions (Doc.
#41). Procedure
used to arrest
Defendant and
revoke his pretrial
release was lawful.
United States v.
Roland, 2005 WL
2318866 (E.D. Va.
Aug. 31, 2005).
259 "MOTION to Order"; DENIED Defendant fails to
"Nullify, dismiss and cite authority for
quash investigations", argument that
postal inspectors
exceeded authority
by investigating
this case.
260 "MOTION to Order"; "To DENIED Defendant fails to
nullify, quash and undo cite authority for
the official acts of argument that
U.S. Magistrate Judge criminal
E.F. Brennan complaints,
petitions, arrest
warrants, search
warrants and orders
are "jurats or
certificates" which
require a seal
under 28 USC §
638(c)
261 "MOTION to Order"; "To DENIED Defendant fails to
nullify, quash and undo cite authority for
the official acts of argument that
U.S. Magistrate Judge criminal
Dale A. Drozd complaints,
petitions, arrest
warrants, search
warrants and orders
are "jurats or
certificates" which
require a seal
under 28 USC §
638(c)
263 MOTION to Order "to DENIED Defendant fails to
nullify, quash and undo cite authority for
the official acts dated argument that
3/1/13 of Judge Carolyn criminal
K. Delaney complaints,
petitions, arrest
warrants, search
warrants and orders
are "jurats or
certificates" which
require a seal
under 28 USC §
638(c)
264 "MOTION to Order", "to DENIED Defendant fails to
nullify, quash and undo cite authority for
the official acts of argument that
Judge Delaney dated criminal
3/7/13, 3/21/13 and complaints,
2/13/14 against petitions, arrest
defendant Mehmood" warrants, search
warrants and orders
are "jurats or
certificates" which
require a seal
under 28 USC §
638(c)
265 "WRIT of Mandamus" "for DENIED Court lacks
emergency injunctive authority over
relief" County Jail.
II. MATTERS TAKEN UNDER CONSIDERATION
In accordance with its comments at the January 13, 2015 hearing, and consistent with the above chart, the following motions remain active, pending further briefing of the parties: Doc. #148, Doc. #157, and Doc. #203. The following motions have been taken under consideration, but no further briefing is necessary at this time: Doc. #177 and Doc. #252.
IT IS SO ORDERED.
Source: Leagle
