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United States v. Shnewer

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE


August 5, 2008

UNITED STATES OF AMERICA
v.
MOHAMAD IBRAHIM SHNEWER, DRITAN DUKA, A/K/A "DISTAN DUKA," A/K/A "ANTHONY DUKA," A/K/A "TONY DUKA," ELJVIR DUKA, A/K/A "ELVIS DUKA," A/K/A "SULAYMAN," SHAIN DUKA, SERDAR TARTAR, AND AGRON ABDULLAHU

The opinion of the court was delivered by: Robert B. Kugler United States District Judge

ORDER

THIS MATTER having come before the Court on motions by Defendants (1) to change venue (Docket Entry No. 169); (2) to suppress evidence (Docket Entry Nos. 167, 170); (3) for severance pursuant to Bruton (Docket Entry Nos. 167, 173, 176); (4) to preserve rough notes (Docket Entry Nos. 176, 180); (5) to comply with all obligations pursuant to Brady, Giglio, Jencks (Docket Entry Nos. 172, 176, 180); (6) for expert disclosures (Docket Entry Nos. 179, 180); (7) for dismissal of Count one of the Indictment due to entrapment and outrageous government conduct (Docket Entry No. 180); (8) to sever (Docket Entry No. 180); (9) to strike surplusage from the Superceding Indictment (Docket Entry Nos. 167, 174, 176, 179, 180); (10) to strike multiplicitous and duplicitous usage from the Superceding Indictment (Docket Entry No. 167); (11) for a bill of particulars concerning paragraph 14 of the Superceding Indictment (Docket Entry No. 180); (12) to suppress post-arrest statements made by Tatar (Docket Entry No. 176); (13) to suppress Dritan Duka's post-arrest statement (Docket Entry No. 167); and (14) to join in co-defendants' pretrial motions (Docket Entry Nos. 167, 175, 179, 180, 184); and the Court having considered the moving papers, the opposition thereto, and the arguments of counsel on the record on August 1, 2008; and for the reasons expressed on the record on August 1, 2008;

IT IS HEREBY ORDERED that Defendants' motion to change venue is DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to suppress evidence are DENIED;

IT IS FURTHER ORDERED that Defendants' motions for severance pursuant to Bruton are DENIED;

IT IS FURTHER ORDERED that Defendants' motions to preserve rough notes are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to comply with all obligations pursuant to Brady, Giglio, and Jencks are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions for expert disclosures are DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motion for dismissal of Count One of the Superceding Indictment due to entrapment and outrageous government conduct is DENIED;

IT IS FURTHER ORDERED that Defendants' motion to sever is DENIED without prejudice;

IT IS FURTHER ORDERED that Defendants' motions to strike surplusage from the Superceding Indictment are DENIED; however, until after the close of evidence, paragraph 3 of the Superceding Indictment will be summarized for the jury, not read;

IT IS FURTHER ORDERED that Defendants' motion to strike multiplicitous and duplicitous usage from the Superceding Indictment is DENIED;

IT IS FURTHER ORDERED that Defendants' motion for a bill of particulars concerning paragraph 14 of the Superceding Indictment is DENIED;

IT IS FURTHER ORDERED that Shnewer's motion to suppress post-arrest statements made by Tatar is DENIED;

IT IS FURTHER ORDERED that Defendants' motions to join in co-defendants' pretrial motions are GRANTED;

The Court reserves ruling on the motion by Dritan Duka to suppress his post-arrest statement pending an evidentiary hearing scheduled for August 7, 2008.

20080805

© 1992-2008 VersusLaw Inc.



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