Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

y I I p Case :06-er—OOO8_3-GIVIS Document 23 Filed 12/06/20-06 Page 1 of_2 _ _ _
` E Craze 1:06—cr—00083—l l IN 'THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. 06-83-KAI
ANTHONY MAIEUC BRISCOE g
Defendant. g
ORDER
Upon the Defendant’s Motion for an order to independently re—weigh drug evidence, to wit,
exhibit number 3, DEA Laboratory Number,182232, as reported in DEA Form 7, Report of Drug
Property Collected, Purchased or Seized, having the Case File Number CP~O6—OO37, dated July
25, 2006.
IT IS HEREBY ORDERED in accordance with Federal Rule of Criminal Procedure
16(a)(l)(E), that the Government shall allow the defense to independently inspect and analyze
the entire sample from the above-described drug exhibits.
IT IS FURTHER ORDERED that the Goverrnrrent shall arrange the delivery, in a manner
consistent with the type and quantity ofthe controlled substance at issue, the above-described
` exhibits, in their entirety, to: Beth Minnigh, Ph.D., DEA License No. PPO23 6605, ofthe
Pharmakon R & D laboratory, located at 3516 Fifth Avenue, Suite 200, Pittsburgh, Pennsylvania
15213, with telephone number 412-687-1440.
The Government shall arrange the delivery of this exhibit on or before December 21, 2006. _
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Case 1 :06-cr—00083-GIVIS Document 23 Filed 12/06/2006 Page 2 of 2 an
i " Case 1;06—cr—00083—l IT IS FURTHER ORDERED that the defense expert shall conduct the analyses and
identification ordered herein, and complete this analysis by January 31, 2007. The defense expert
shall provide the Government with an Unsworn Declaration Under Penalty of Perjury, under 28
U.S.C. § I7464, executed by the individual who conducted the analyses, or the head of the
facility where the analyses occurred, which states the quantity of the exhibit consumed during l _
testing, and either the weight of each exhibit returned to the Government, or a statement that all
the sample was consumed during testing.
The defense chemist, Beth Minnigh, Ph.D., is to safeguard the sample(s) received,
preserving the chain of custody in a manner to faithfully protect the integrity of each exhibit
received.
IT IS FURTHER ORDERED that all remaining material of the sample(s), after testing is to
be returned by the defense chemist, Beth Minnigh, Ph.D., to the DEA Northeast Laboratory at 99
Tenth Avenue, Suite 721, New York, NY 10011, via registered U.S. mail, return receipt
requested, or approved commercial carrier, within tive (5) business days after the completion of
the analysis.
IT IS FURTHER ORDERED, in accordance with Federal Rule of Criminal Procedure
l6(b)(l)(B), that the defendant shall provide the Government with a copy ofthe results or report
ofthe physical examinations and scientific tests or experiments which resulted from the analyses
conducted under this Order.! J!. [A an
So O@ERED this 1/day of · , 2006.
J, ___. -
li gh xo; _ .... .- J {L/\
Honorable Kent A. Jordan
United States District Court Judge
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