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United States v. Smith

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

June 19, 2018

UNITED STATES OF AMERICA
v.
ANTHONY DEPREE SMITH, Defendant.

          ORDER

          KIMBERLY A. SWANK UNITED STATES MAGISTRATE JUDGE

         This matter is before the court on the following motions filed by Defendant Anthony Depree Smith (Smith) on April 24, 2018:

1. Motion for Production of Rule 404(b) Evidence [DE #21];
2. Motion for Favorable Evidence (Brady Motion) [DE #22];
3. Motion for Disclosure of Witness Statements (Jencks Act Motion) [DE #23];
4. Motion for Order to Preserve Rough Notes & Disclosure for Inspection and Copying [DE #24];
5. Motion for Production of Law Enforcement Interview Reports on Notes with Individuals Who Will Not Be Witnesses at Trial [DE #25];
6. Motion for Statements of Indicted and Unindicted Co-Conspirators [DE #26];
7. Motion to Compel Early Production of Grand Jury Testimony [DE #27];
8. Motion to Compel Immediate Disclosure or Existence of Promise of Immunity, Leniency or Preferential Treatment & for Disclosure of Impeaching Information [DE #28]; and
9. Motion for Release of Perjured Information to Grand Jury [DE #29].

         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 January 31, 2018, Smith was named in a one-count indictment charging him with conspiracy to possess with intent to distribute two hundred eighty (280) grams or more of a mixture and substance containing cocaine base (crack), in violation of 21 U.S.C. §§ 841 and 846. The Government has also alleged, pursuant to 21 U.S.C. § 802(44), that Smith has previously been ...


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