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U.S. v. ALMEIDA-OLIVAS, 14-00063-01-CR-W-DW. (2015)

Court: District Court, W.D. Missouri Number: infdco20150813a20 Visitors: 11
Filed: Aug. 12, 2015
Latest Update: Aug. 12, 2015
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE SARAH W. HAYS , Magistrate Judge . PENDING CHARGE: On March 19, 2014, the Grand Jury returned a two count indictment against Jose Federico Almeida-Oivas. Defendant is charged in Count 1 with conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in an amount of five hundred grams or more, contrary to the provisions of Title 21, United State
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MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE

PENDING CHARGE: On March 19, 2014, the Grand Jury returned a two count indictment against Jose Federico Almeida-Oivas. Defendant is charged in Count 1 with conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in an amount of five hundred grams or more, contrary to the provisions of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and in Count 2 with knowingly and intentionally using a communications facility, to wit: a telephone, to facilitate the felonious distribution of methamphetamine, a Schedule II controlled substance, contrary to the provisions of Title 21, United States Code, Section 846.

The following matters were discussed and action taken during the pretrial conference:

TRIAL COUNSEL:

Government: Joseph A. Marquez/Adam Caine

Case Agent: Brent Yoshikawa, Special Agent Department of Homeland Security

Defense: Cenobio Lozano, Jr.

OUTSTANDING MOTIONS:

07/31/2015 37 MOTION in limine by Jose Federico Almeida-Olivas

TRIAL WITNESSES:

Government: 8-9 without stipulations

Defendants: 1 possible witness, the defendant

TRIAL EXHIBITS:

Government: 48 exhibits

Defendant: 0 exhibits for defendant

DEFENSES: General denial

POSSIBLE DISPOSITION:

(X) Definitely for trial; () Possibly for trial; () Likely a plea will be worked out

TRIAL TIME: 2 ½-3 days

Government's case including jury selection: 2 days

Defense case: ½-1 day

STIPULATIONS: The parties will confer to try and reach an agreement that the English translations of Spanish audio recordings are accurate.

UNUSUAL QUESTIONS OF LAW: Any unusual issues have been raised in the motion in limine and in the motion asking for a hearing on the admissibility of co-conspirator statements.

FILING DEADLINES:

Witness and Exhibit List

Government: Friday before the pretrial conference

Defense: Friday before the pretrial conference

Counsel are requested to list witnesses in alphabetical order on their witness list.

Exhibit Index, Voir Dire, Jury Instructions: Noon, Wednesday, August 12, 2015

Please Note: Jury instructions must comply with Local Rule 51.1

TRIAL SETTING: Criminal jury trial docket set for August 17, 2015

Please note: Counsel for the government requests the first week of the docket.

IT IS SO ORDERED.

Source:  Leagle

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