Free Response to Motion - District Court of Delaware - Delaware

_, Case 1 :06-cr—00083-GIVIS Document 22 Filed 12/06/2006 Page 1 of 4 _
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
· UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. 06-83-KAI
)
ANTHONY MARK BRIS COE )
‘ I
_ I Defendant. )
GOVERNMENT’S RESPONSE TO DEFENDANT’S MOTION FOR RE-VVEIGHING OF
DRUG EVIDENCE _
_ _ I NOW COMES the United States, by and through its undersigned attorneys, and hereby
responds to Defendant’s Motion for Re-weighing of Drug Evidence.
The United States does not oppose the Defendant’s Motion for Re-Weighing of Drug
Evidence. The United States respectfully requests that this Court enter the attached Order,
permitting the defense to conduct an independent re-weighing ofthe drug evidence. Defense counsel
indicated by telephone that he does not oppose the use of this proposed Order.
l Respectfully submitted,
I I ' COLM F. CONNOLLY I
United States Attorney
. _ Ilana H. Eisenstein
‘ Assistant United States Attorney
Dated: December 6, 2006 p ~

Case 1 :06-cr—00083-GIVIS Document 22 Filed 12/06/2006 Page 2 of 4
i IN THE UNITED STATES DISTRICT COURT _
; FOR THE DISTRICT OF DELAWARE
` UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. 06-83-KAl
I ANTHONY MARK BRISCOE l
l Defendant. l
I ORDER
I Upon the Defendant’s_Motion for an order to independently re—weigh drug evidence, to wit,
exhibit number 3, DEA Laboratory Nun1ber,l82232, as reported in DEA Form 7, Report of Drug
l Property Collected, Purchased or Seized, having the Case File Number CP-06-003 7, dated July
25, 2006.
IT IS HEREBY ORDERED in accordance with Federal Rule of Criminal Procedure
l6(a)(l)(E), that the Govemment shall allow the defense to independently inspect and analyze
l the entire sample from the above—described drug exhibits.
l l IT IS FURTHER ORDERED that the Government shall arrange the delivery, in a manner
` I consistent with the type and quantity of the controlled substance at issue, the above-described
‘ exhibits, in their entirety, to: Beth Minnigh, Ph.D., DEA Ibicense No. PP0236605, 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. _

T III-- if H an nlll I if lnlln if Case 1 :06-cr—00083-GIVIS Document 22 Filed 12/06/2006 Page 3 of 4
I IT IS FURTHER ORDERED that the defense expert shall conduct the analyses and I
identification ordered herein, and complete this analysis by January 3 l, 2007. The defense expert
_ shall provide the Government with an Unsworn Declaration Under Penalty of Perjury, under 28
U.S.C. § 17464, executed by the individual who conducted the analyses, or the head of the
l facility where the analyses occurred, which states the quantity of the exhibit consumed during I ,
i testing, and either the weight of each exhibit returned to the Government, or a statement that all
l the sample was consumed during testing.
l The defense chemist, Beth Minnigh, Ph.D., is to safeguard the sample(s) received, l
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 bythe defense chemist, Beth Minnigh, Ph.D., to the DEA Northeast Laboratory at 99
p Tenth Avenue, Suite 721, New York, NY 10011, via registered U.S. mail, rettun receipt
l requested, or approved commercial carrier, within five (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 of the results or report
of the physical examinations and scientific tests or experiments which resulted from the analyses
conducted under this Order.
. So ORDERED this __M_hi___ day of _ , 2006. _
I r , F
. _ United States District Court Judge

Case 1 :06-cr—00083-GIVIS Document 22 Filed 12/06/2006 Page 4 of 4
_ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
. an UNITED STATES OF AMERICA, )
)
I )
v. ) Criminal Action No. 06-83-KAJ
)
ANTHONY MARK BRISCOE )
)
- Defendant. )
_ CERTIFICATE OF SERVICE
l I, Jennifer Brown, an employee in the Office of the United States Attorney, hereby certify
under penalty of pe1jury that on December 6, 2006, I electronically filed:
GOVERNMENT’S RESPONSE TO DEFENDANT’S MOTION FOR RE—WEIGHING OF
DRUG EVIDENCE
'· with the Clerk of Court using CM/ECF. Said document is available for viewing and l
downloading from CM/ECE, which will send notification of such liling(s) to the following:
John S. Malik, Esquire A
100 E. 14*** Street
- Wilmington, DE l980l—3255
I I _ /s/Jennifer Brown _
Jennifer Brown
4 5 5