MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE

SARAH W. HAYS, Magistrate Judge.

PENDING CHARGE: On August 26, 2014, the Grand Jury returned a thirteen count indictment against Marcus McIntosh, Tyrone Campbell, Jr. and Tyronn Campbell. Count 1 alleges defendants knowingly combined and conspired to distribute a mixture or substance containing cocaine base, crack cocaine. Counts 5, 7 and 10 allege defendant McIntosh knowingly distributed some quantity of a mixture or substance containing cocaine base, crack cocaine. Count 11 alleges defendant McIntosh knowingly possessed, with the intent to distribute, a mixture or substance containing cocaine base, crack cocaine, in an amount of twenty-eight (28) grams or more. Count 12 charges that defendant McIntosh, in furtherance of the drug-trafficking crimes alleged in Counts 1 and Count 11, knowingly possessed firearms. Count 13 alleges that the defendant, having been convicted of a felony, knowingly possessed, in and affecting commerce, firearms.

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

TRIAL COUNSEL:

Government: Brent Venneman/Adam Caine

Case Agent: Detective Don Stanza of the Kansas City Police Department

Defense: Carie Allen and an investigator with her ofice

OUTSTANDING MOTIONS: The government has filed a Notice of Defendant's Prior Convictions, doc. # 94, and Notice of Intent to Offer Evidence Pursuant to Rule 404(b), doc. # 95. The defendant will respond by Friday November 20, 2015.

TRIAL WITNESSES:

Government: 12 with stipulations;

Defendant: The defense has endorsed all of the government's witnesses and listed one additional witness. It is also possible defendant might testify.

TRIAL EXHIBITS

Government: 115 exhibits

Defendant: 48 exhibits, but most of these exhibits are reports which would be used for cross-examination, but not offered into evidence.

DEFENSES: General Denial

POSSIBLE DISPOSITION:

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

TRIAL TIME: 2-2 ½ days

Government's case including jury selection: 2-2 ½ days

Defense case: no additional time beyond the government's estimate

STIPULATIONS: Signed stipulations have been entered into between the parties.

UNUSUAL QUESTIONS OF LAW: None

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, November 25, 2015

Please Note: Jury instructions must comply with Local Rule 51.1

Motion in Limine: Given the parties' discussion at the pretrial conference, it appears

that motions in limine will not be necessary.

TRIAL SETTING: Criminal jury trial docket set for November 30, 2015

Please note: Defense counsel prefers the second week of the docket. If the case is set the first week of the docket, Ms. Allen needs to recess on Tuesday afternoon by around 3:30p.m., and if the case were not concluded by Thursday she would need to recess early that day as well. Other than this issue, the case could be tried either week.

IT IS SO ORDERED.