Filed: Nov. 24, 2014
Latest Update: Nov. 24, 2014
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN, Magistrate Judge. Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on November 24, 2014. Defendant Eric Wiley appeared in person and with Assistant Federal Public Defender Anita Burns. The United States of America appeared by Assistant United States Attorneys Joe Marque
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN, Magistrate Judge. Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on November 24, 2014. Defendant Eric Wiley appeared in person and with Assistant Federal Public Defender Anita Burns. The United States of America appeared by Assistant United States Attorneys Joe Marquez..
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MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
ROBERT E. LARSEN, Magistrate Judge.
Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on November 24, 2014. Defendant Eric Wiley appeared in person and with Assistant Federal Public Defender Anita Burns. The United States of America appeared by Assistant United States Attorneys Joe Marquez and Jeffrey McCarther.
I. BACKGROUND
On May 22, 2014, an indictment was returned charging defendant with one count of possessing a firearm after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
The following matters were discussed and action taken during the pretrial conference:
II. TRIAL COUNSEL
Mr. Marquez announced that he1 and Mr. McCarther will be the trial counsel for the government. The case agent to be seated at counsel table is Detective John Mattivi.
Ms. Burns announced that she will be the trial counsel for defendant Eric Wiley. Alan Bush, Investigator, may be present.
III. OUTSTANDING MOTIONS
There are no pending motions in this case.
IV. TRIAL WITNESSES
Mr. Marquez announced that the government intends to call 5 witnesses without stipulations or 4 witnesses with stipulations during the trial.
Ms. Burns announced that defendant Eric Wiley intends to call no witnesses during the trial. The defendant may testify.
V. TRIAL EXHIBITS
Mr. Marquez announced that the government will offer approximately 7 exhibits in evidence during the trial.
Ms. Burns announced that defendant Eric Wiley will offer no exhibits in evidence during the trial.
VI. DEFENSES
Ms. Burns announced that defendant Eric Wiley will rely on the defense of general denial.
VII. POSSIBLE DISPOSITION
Ms. Burns stated this case is definitely for trial.
VIII. STIPULATIONS
Stipulations are likely as to prior felony conviction and interstate nexus of the firearm.
IX. TRIAL TIME
Counsel were in agreement that this case will take 1 to 1 1/2 days to try.
X. EXHIBIT LIST, VOIR DIRE AND INSTRUCTIONS
The U. S. Magistrate Judge ordered:
That counsel for each party file and serve a list of exhibits he or she intends to offer in evidence at the trial of this case on the form entitled Exhibit Index and have all available exhibits premarked using the stickers provided by the Clerk of Court by December 3, 2014;
That counsel for each party file and serve requested jury voir dire examination questions by or before noon, Wednesday, December 3, 2014;
That counsel for each party file and serve, in accordance with the requirements of Local Rule 51.1, requested jury instructions2 by or before noon, Wednesday, December 3, 2014. Counsel are requested to provide proposed jury instructions in both hard copy form, as required by Local Rule 51.1, and by e-mail to the trial judge's courtroom deputy.
XI. UNUSUAL QUESTIONS OF LAW
No motions in limine are anticipated. There are no unusual questions of law.
XII. TRIAL SETTING
All counsel and the defendant were informed that this case will be listed for trial on the joint criminal jury trial docket which commences on December 8, 2014.
