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United States v. Whitted

United States District Court, E.D. North Carolina, Western Division

May 15, 2017

UNITED STATES OF AMERICA
v.
GENESIS LEE WHITTED, JR., Defendant.

          ORDER

          KIMBERLY A. SWANK United States Magistrate Judge

         This matter is before the court on the following motions filed by Defendant Genesis Lee Whitted, Jr. (“Whitted”):

1. Motion for Production of Rule 404(b) Evidence, filed February 21, 2017 [DE #140];
2. Motion for Favorable Evidence (Brady Motion), filed February 21, 2017 [DE #141];
3. Motion for Disclosure of Witness Statements, filed February 21, 2017 [DE #142];
4. Motion for Production of Psychiatric Evaluation of Any Government Witness, filed February 21, 2017 [DE #143];
5. Motion for Production of Law Enforcement Interview Reports on Notes with Individuals Who Will Not Be Witnesses at Trial, filed February 21, 2017 [DE #144];
6. Motion for Release of Perjured Information to Grand Jury, filed February 21, 2017 [DE #145];
7. Motion for Statement of Indicted and Unindicted Co-Conspirators, filed February 21, 2017 [DE #146];
8. Motion to Sequester Witnesses, filed February 21, 2017 [DE #147];
9. Motion to Reveal Concessions or Deals, Criminal Record of Government Witnesses, and Information about Previous Testimony, filed February 21, 2017 [DE #148];
10. Motion to Compel Immediate Disclosure or Existence of Promise of Immunity, Leniency or Preferential Treatment and Motion for Disclosure of Impeaching Information, filed February 21, 2017 [DE #149];
11. Motion for Order to Preserve Rough Notes & Disclosure for Inspection and Copying, filed February 21, 2017 [DE #150]; and
12. Motion to Compel Early Production of Grand Jury Testimony, filed February 21, 2017 [DE #151].

         The government has responded to Defendant's motions, and the time for further filings has expired. The motions were referred to the undersigned for decision by Senior United States District Judge Malcolm J. Howard.

         BACKGROUND

         On December 21, 2016, Whitted was named in a nine-count superseding indictment charging him with: (1) one count of conspiracy to distribute and possess with the intent to distribute twenty-eight grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 846 (count one); (2) five counts of distribution of a quantity of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (counts three, five, six, eight, and nine); (3) one count of distribution of a quantity of cocaine base and aiding and abetting distribution of a quantity of cocaine base, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1) (count four); (4) one count of possessing and brandishing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A), 924(c)(1)(A)(i), and 924(c)(1)(A)(ii) (count two); and one count of possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §§ ...


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