Filed: Jan. 22, 2019
Latest Update: Jan. 22, 2019
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE LAJUANA M. COUNTS , Magistrate Judge . PENDING CHARGE: On May 1, 2018, the Grand Jury returned a one-count Indictment charging that on or about April 13, 2018, Defendant Milligan, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess, in and affecting commerce, a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The followi
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE LAJUANA M. COUNTS , Magistrate Judge . PENDING CHARGE: On May 1, 2018, the Grand Jury returned a one-count Indictment charging that on or about April 13, 2018, Defendant Milligan, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess, in and affecting commerce, a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The followin..
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MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
LAJUANA M. COUNTS, Magistrate Judge.
PENDING CHARGE: On May 1, 2018, the Grand Jury returned a one-count Indictment charging that on or about April 13, 2018, Defendant Milligan, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess, in and affecting commerce, a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The following matters were discussed and action taken during the pretrial conference:
TRIAL COUNSEL:
Government: Matthew Aaron Moeder & Mary Kate Butterfield
Case Agent: Det. James Armstead, Kansas City Police Department
Defense: Anita L. Burns
Investigator: Kendra Jackson
OUTSTANDING MOTIONS: No outstanding motions.
TRIAL WITNESSES:
Government: 4 with stipulations; 6-7 without stipulations
Defendants: 2 witness, including the Defendant
TRIAL EXHIBITS
Government: approximately 21 exhibits
Defendant: no more than 3 exhibits
DEFENSES: general denial
POSSIBLE DISPOSITION:
(X) Definitely for trial; ( ) Possibly for trial; ( ) Likely a plea will be worked out
TRIAL TIME: 2 days total
Government's case including jury selection: 1.5 day(s)
Defense case: 0.5 day(s)
STIPULATIONS: Possible stipulation regarding prior felony conviction.
UNUSUAL QUESTIONS OF LAW: none
FILING DEADLINES:
Witness and Exhibit List
Government: Updated list due on or beforeJanuary 29, 2019.
Proposed Witness List filed January 18, 2019
Proposed Exhibit List filed January 18, 2019
Defense: Due on or before January 29, 2019.
Proposed Exhibit List filed January 22, 2019.
Counsel are requested to list witnesses in alphabetical order on their witness list.
Exhibit Index, Voir Dire, Jury Instructions: Due by noon, Wednesday, February 6, 2019.
Please Note: Jury instructions must comply with Local Rule 51.1
Motion in Limine: One or both parties is/are considering a motion in limine regarding co-defendant and prior convictions. Motions in Limine due on or before February 6, 2019.
TRIAL SETTING: Criminal jury trial docket set for February 11, 2019.
Please note: Matt Moeder has another case (Slater 16-48) set on the February 11, 2019 docket. Anita Burns can do either week. Anita Burns is aware that additional charges may be added and does not believe a continuance is necessary. There may be additional filings regarding enhanced penalties. Anita Burns is aware and does not believe a continuance is needed. At the pretrial conference Defendant Milligan orally requested a continuance because his father just passed away. Defendant Milligan also requested new counsel. Judge Counts will hear Defendant Milligan's request later this week or next week.
IT IS SO ORDERED.
