Free Motion for Disclosure - District Court of Delaware - Delaware

Case 1:06-cr-00031-JJF

Document 31

Filed 06/02/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, vs. FRANCISCO BARRERA LOPEZ, Defendant.

: : : : : :

Docket Number 06-31-01-JJF

ORDER

NOW this

day of

, 2004, it is hereby ORDERED, the Defendant's

Motion for a 404(b) disclosure is hereby GRANTED.

BY THE COURT:

J.

Case 1:06-cr-00031-JJF

Document 31

Filed 06/02/2006

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, vs. FRANCISCO BARRERA LOPEZ, Defendant.

: : : : : :

Docket Number 06-31-01-JJF

DEFENDANT'S MOTION FOR AN ORDER REQUIRING THE PROSECUTION TO GIVE NOTICE OF ITS INTENTION TO USE OTHER CRIMES, WRONGS OR ACTS EVIDENCE

Defendant, Francisco Barrera-Lopez, by his appointed attorney, hereby moves this Honorable Court, pursuant to Federal Rule of Criminal Procedure 12(d)(2), and Federal Rules of Evidence 104(a) and (c), and Federal Rule of Criminal Procedure 404(b), for an order requiring the prosecution to give notice of, at least two weeks prior to trial, its intention to introduce as evidence at trial, for any purpose including rebuttal, cross-examination or impeachment of the following: 1. Evidence of "other crimes, wrongs, or acts" of the defendant, as that phrase is used Federal Rule of Evidence 404(b), including the issue or issues on which the prosecution believes such evidence is relevant within the scope and meaning of Rule 404(b). 2. Evidence of "other crimes, wrongs or acts" includes, but is not limited to any and all records and information revealing prior felony convictions or guilty verdicts of juvenile adjudications attributed to defendant as well as any relevant state and/or federal "rap" sheets. WHEREFORE Defendant requests that this motion be granted and that the prosecution be ordered to notify the defense at least two weeks prior to trial of what evidence it will seek to 1

Case 1:06-cr-00031-JJF

Document 31

Filed 06/02/2006

Page 3 of 4

introduce pursuant to F.R.E. 404(b). Respectfully submitted,

JO1494 José Luis Ongay, Esquire

Dated: June 2, 2006

2

Case 1:06-cr-00031-JJF

Document 31

Filed 06/02/2006

Page 4 of 4

CERTIFICATE OF SERVICE

I, hereby, certify that on this date, a copy of this motion was served upon AUSA Adam Safwat, via First Class Mail at 1007 Orange Street, Suite 700, P.O. Box 2046, Wilmington, DE 198899-2046.

_______________________ José Luis Ongay, Esquire

Date: June 2, 2006

3

Case 1:06-cr-00031-JJF

Document 31-2

Filed 06/02/2006

Page 1 of 1

VERIFICATION STATEMENTS 1. The text of the Motion and the hard copy are identical. 2. The PDF file contains no virus and was checked by McAfee Software.

__________________________ José Luis Ongay, Esquire

Date: June 2, 2006