Free Order on Motion for Sanctions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1077

Filed 03/27/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Criminal Case No. 04-cr-00103-REB-06 UNITED STATES OF AMERICA, Plaintiff, v. 6. MICHAEL SMITH, Defendant. _____________________________________________________________________ ORDER DENYING DEFENDANT'S MOTION FOR SANCTION TO EXCLUDE WITNESSES FOR PLAINTIFF BASED ON A JENCKS ACT WAIVER _____________________________________________________________________ Blackburn, J. The matter before me is defendant Smith's Motion for Sanction To Exclude Witnesses for Plaintiff Based on a Jenks [sic] Act Waiver, (18 U.S.C. 3500) [#513] filed August 9, 2005. I deny the motion.1 Without so much as one citation to one relevant decision by any court any where any time, defendant asserts incredibly that the Jencks Act, 18 U.S.C. § 3500, in some arcane and incomprehensible way applies somehow to a discovery request made in a state court civil case. It does not. Even more fantastically, defendant seeks the exclusion of some thirty-one, government witnesses as a sanction in this case for having to disclose in his state court civil action FBI-302 witness statements relating to those same witnesses. No such sanction exists either under the act or the case law.

This is one of the m otions that at the com m encem ent of the Trial Preparation Conference on March 2, 2007, I announced would be denied by written order, which I had dictated, but not then finalized.

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Case 1:04-cr-00103-REB-MEH

Document 1077

Filed 03/27/2007

Page 2 of 2

Defendant's motion is worthy only of judicial defenestration. THEREFORE, IT IS ORDERED that defendant Smith's Motion for Sanction To Exclude Witnesses for Plaintiff Based on a Jenks [sic] Act Waiver, (18 U.S.C. 3500) [#513] filed August 9, 2005, IS DENIED. Dated March 27, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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