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United States v. Smith

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

December 28, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DARRYL A. SMITH, 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 December 28, 2016. Defendant Darryl Smith appeared in person and with retained counsel Willis Toney. The United States of America appeared by Assistant United States Attorney Jeffrey McCarther.

         I. BACKGROUND

         On December 16, 2015, an indictment was returned charging defendant with one count of conspiracy to distribute cocaine and cocain base, in violation of 21 U.S.C. § 846; 15 counts of distributing cocaine, in violation of 21 U.S.C. § 841(a) and (b)(1)(C); four counts of distributing cocaine base, in violation of 21 U.S.C. § 841(a) and (b)(1)(C); one count of possessing with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a) and (b)(1)(C); one count of possessing with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a) and (b)(1)(C); on 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(a)(2).

         Co-defendant Antwanette B. Howard is set for a change-of-plea hearing on January 5, 2017.

         Co-defendant Kimani I. Sterling has never appeared on this indictment.

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

         II. TRIAL COUNSEL

         Mr. McCarther announced that he will be the trial counsel for the government. The case agent to be seated at counsel table is Detective James Armstead, KCPD.

         Mr. Toney announced that he will be the trial counsel for defendant Darryl Smith.

         III. OUTSTANDING MOTIONS

         There are no pending motions in this case.

         IV. TRIAL WITNESSES

         Mr. McCarther announced that the government intends to call 12 witnesses without stipulations or 8 witnesses ...


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