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United States v. Kinlaw

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

July 23, 2018

UNITED STATES OF AMERICA
v.
BOBBY JERMAINE KINLAW, Defendant.

          ORDER

          KIMBERLY A. SWANK JUDGE

         This matter is before the court on the following motions filed by Defendant Bobby Jermaine Kinlaw on June 8, 2018:

1. Motion to Compel List of Government Trial Witnesses and Exhibits [DE #196];
2. Motion to Exclude Rule 404(b) Evidence [DE #197];
3. Motion to Sequester Government Witnesses [DE #198];
4. Motion for Notice of Intent to Use Rule 404(b) Evidence [DE #199]; 5. Motion for Early Disclosure of Jencks Materials [DE #200];
6. Motion for Pretrial Hearing Regarding Admissibility of Co-Conspirator Statements [DE #201];
7. Motion to Preserve Agents' Notes [DE #203]; and 8. Motion for Fed. R. Crim. P. 12(d)(2) Designation [DE #202].

         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 November 28, 2017, Kinlaw was named in a twenty-two-count indictment charging him with conspiracy to distribute and possess with the intent to distribute a quantity of cocaine base (crack) in violation of 21 U.S.C. §§ 841, 846 (Count One) and with distribution and possession with the intent to distribute a quantity of cocaine base (crack) in violation of 21 U.S.C. §§ 841, 846 (Count Nine). Arraignment is scheduled for the court's August 2018 criminal term of court.

         DISCUSSION

         I. Witness and Exhibit Lists [DE #196]

         Defendant seeks disclosure of the Government's witness and exhibit lists for trial, and for the court to order that such information be provided no later than fourteen days before trial begins. The Government states it is aware of its obligation to provide such information pursuant to the Local Rules and will comply with such obligation in sufficient time for information to be adequately used at trial. The undersigned credits the Government's assertion. Furthermore, given that Defendant has yet to enter a plea in this ...


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