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United States v. Givens

United States District Court, W.D. Missouri, Western Division

November 16, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DARRELL L. GIVENS, Defendant.

          MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE

          ROBERT E. LARSEN United States 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 November 16, 2016. Defendant Darrell Givens appeared in person and pro se. Kurt Marquart appeared as stand-by counsel. The United States of America appeared by Assistant United States Attorney Mike Green.

         I. BACKGROUND

         On April 20, 2016, an indictment was returned charging defendant with one count of possessing PCP with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C); one count of possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c); and one count of possessing a firearm after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e).

         The following matters were discussed and action taken during the pretrial conference:

         II. TRIAL COUNSEL

         Mr. Green announced that he will be the trial counsel for the government. The case agent to be seated at counsel table is Detective Eric DeValkenaere, Kansas City, Missouri, Police Department.

         Defendant announced that he will be represent himself at trial.

         III. OUTSTANDING MOTIONS

         The following motions are currently pending:

1. Motion to suppress, filed out of time by defendant on October 7, 2016 (document number 39); Motion to suppress, filed by defendant on October 12, 2016 (document number 47) (government response to both motions, document number 54) (transcript of evidentiary hearing, document numbers 61, 62). A report and recommendation will be filed this week.
2. Motion to dismiss, filed by defendant on October 12, 2016 (document number 43) (government response, document number 50). A report and recommendation will be filed this week.
3. Motion in limine to limit testimony and for pretrial hearing to determine admissibility of statements under Federal Rules of Evidence 702 and 704(b), filed by defendant on October 12, 2016 (document number 44) (government response, document number 51).
4. Motion regarding submission of inconsistent statements, filed by defendant on October 12, 2016 (document number 45) (government response, document number 52). ...

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