United States District Court, W.D. Missouri, Western Division
August 6, 2014
UNITED STATES OF AMERICA, Plaintiff,
BARDOMIANO JUNGO, Defendant.
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
ROBERT E. LARSEN, Magistrate Judge.
Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on August 6, 2014. Defendant Bardomiano Jungo appeared in person and with Assistant Federal Public Defender Travis Poindexter. The United States of America appeared by Assistant United States Attorney Justin Davids.
On April 3, 2013, an indictment was returned charging defendant with one count of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846. Co-defendant Jose Loaiza entered a guilty plea on April 22, 2014. A superseding indictment was returned on April 30, 2014, charging the drug conspiracy as well as one count of aggravated illegal reentry, in violation of 8 U.S.C. §§ 1326(a) and (b)(2), one count of making a false statement, in violation of 18 U.S.C. § 1001, and one count of aggravated identity theft, in violation of 18 U.S.C. § 1028A.
The following matters were discussed and action taken during the pretrial conference:
II. TRIAL COUNSEL
Mr. Davids announced that he and AUSA Trey Alford will be the trial counsel for the government. The case agent to be seated at counsel table is Special Agent James Morgan, DEA.
Mr. Poindexter announced that he will be the trial counsel for defendant Bardomiano Jungo. Aimee Eddington, Investigator, will be at counsel table.
III. OUTSTANDING MOTIONS
There is currently one motion pending for ruling by the district judge: Motion in limine filed by defendant on April 23, 2014 (#77).
IV. TRIAL WITNESSES
Mr. Davids announced that the government intends to call 17 witnesses without stipulations or 14 witnesses with stipulations during the trial.
Mr. Poindexter announced that defendant Bardomiano Jungo intends to call 2 witnesses during the trial. The defendant may testify.
V. TRIAL EXHIBITS
Mr. Davids announced that the government will offer approximately 45 exhibits in evidence during the trial.
Mr. Poindexter announced that defendant Bardomiano Jungo will offer approximately 8 exhibits in evidence during the trial.
Mr. Poindexter announced that defendant Bardomiano Jungo will rely on the defense of general denial.
VII. POSSIBLE DISPOSITION
Mr. Poindexter stated this case is definitely for trial.
Stipulations are likely as to chain of custody and chemists' reports.
IX. TRIAL TIME
Counsel were in agreement that this case will take 2 days to try.
X. EXHIBIT LIST, VOIR DIRE AND INSTRUCTIONS
The U.S. Magistrate Judge ordered:
That counsel for each party file and serve a list of exhibits he intends to offer in evidence at the trial of this case on the form entitled Exhibit Index and have all available exhibits premarked using the stickers provided by the Clerk of Court by August 6, 2014;
That counsel for each party file and serve requested jury voir dire examination questions by or before noon, Wednesday, August 13, 2014;
That counsel for each party file and serve, in accordance with the requirements of Local Rule 51.1, requested jury instructions by or before noon, Wednesday, August 13, 2014. Counsel are requested to provide proposed jury instructions in both hard copy form, as required by Local Rule 51.1, and by e-mail to the trial judge's courtroom deputy.
XI. UNUSUAL QUESTIONS OF LAW
No further motions in limine are anticipated. There are no unusual questions of law.
XII. TRIAL SETTING
All counsel and the defendant were informed that this case will be listed for trial on the joint criminal jury trial docket which commences on August 18, 2014.
A Spanish-speaking interpreter is required.