Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Moya

United States District Court, D. New Mexico

March 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RAYMOND MOYA, Defendant.

          MEMORANDUM OPINION AND ORDER ON VARIOUS PRETRIAL MOTIONS

         This matter is before the Court on various pretrial motions filed by the parties, including motions in limine.

         I. MOTIONS THAT ARE MOOT

         On November 27, 2018, the Court held a status conference to discuss scheduling the trial as well as the motions that needed to be ruled upon prior to the trial. Based upon that discussion, it is the Court's understanding that the following motions are now moot: Defendant's Motion for Preservation and Disclosure of Rough Notes and Recordings [Doc. 63], The United States' Motion for Disclosure of Reports of Examinations and Tests and Expert Witnesses [Doc. 115], Defendant's Emergency Motion to Continue Trial [Doc. 186], The United States' Motion for a Pretrial Evidentiary Hearing on the Admissibility of Telephone Records as Evidence [Doc. 193], and Defendant's Emergency Opposed Motion for Status Conference [Doc. 249]. Similarly, the United States' Motion for Ruling [Doc. 253] was rendered moot when the Court issued its orders on March 29, 2017 [Doc. 248] and March 31, 2017 [Doc. 257]. Accordingly, the foregoing motions will be DENIED AS MOOT.

         II. MOTIONS PREVIOUSLY ADDRESSED

         Two other motions are not moot, but have been addressed by the Court in a previous Order entered on January 3, 2017. [Doc. 184].

         A. Government's Motion to Introduce Rule 404(b) Evidence

         The first motion that the Court has previously addressed is the United States' Motion in Limine to Introduce Evidence Pursuant to Federal Rule of Evidence 404(b) [Doc. 77]. In its previous order, the Court stated that it would defer ruling on the motion until the trial so that it could consider the evidence in context. See Doc. 184 at 1. However, upon reconsideration the Court has determined that it should take up the motion before trial. In doing so, the Court has considered the motion, as well as all three of Defendant's responses and the Government's reply. See Docs. 77, 94, 140, 165, and 177.

         1. The Rule 404(b) Evidence at Issue

         The indictment in this case charges Defendant with distribution of heroin on August 7 (Count I) and August 12, 2011 (Count II). Citing Rule 404(b), the Government seeks to introduce testimony from two witnesses to the effect that they purchased and obtained heroin from Defendant on two occasions previous to those charged in the indictment. The Government also seeks to introduce evidence that in November of 2011, the Albuquerque Police Department arrested Defendant in possession of heroin. At the time of his arrest, Defendant possessed a cell phone with the same number as a phone that communicated with the two witnesses on August 11 and August 12, 2011 in connection with the transaction charged in Count II.

         2. Rule 404(b) Generally

         Federal Rule of Evidence 404(b) provides:

(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses []; This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, ... knowledge, identity, ... or lack of accident.

         Courts must consider four factors in weighing the admissibility of evidence under Rule 404(b): (1) whether the evidence is offered for a proper purpose, (2) its relevancy, (3) that the probative value of the evidence is not substantially outweighed by its prejudicial effect, and (4) a limiting instruction is given if the defendant so requests. See Huddleston v. United States, 485 U.S. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.