Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Paul K. Bryan, 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-01269-NVW Document 135 Filed 08/04/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 03-1269-2 PHX NVW ORDER

Before the court is defendant Bryan's Motion to Preclude Other Act Evidence Pursuant to Rule 404(b) (doc. #70). At the hearing on the motion on August 3, 2005, the government withdrew proposed Rule 404(b) evidence other than the evidence concerning the Vizantia-Exclusive, LTD, transaction and judgment. The court has determined to withhold ruling on the admissibility of that evidence under Rule 404(b) until the time of trial. The court will be better able to understand similarities of the proposed evidence to the alleged conduct in this case and to weigh the factors in admitting or excluding such evidence after the court has heard at least some of the government's evidence concerning the complex transaction that is the subject of this case. The government is requested to advise the court at least two work days before the time it anticipates offering such evidence so that the court can make a ruling on the Rule 404(b) motion at that time.

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IT IS THEREFORE ORDERED that the Motion to Preclude Other Act Evidence Pursuant to Rule 404(b) (doc. #70) is deferred for ruling at the time of trial. DATED this 4th day of August, 2005.

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