United States District Court, E.D. North Carolina, Southern Division
KIMBERLY A. SWANK JUDGE
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
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].
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.
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.
Witness and Exhibit Lists [DE #196]
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