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T ANASI L AW O FFICES
DISTRICT COURT
Plaintiff,
Case No.:
2:16-cr-00046GMN-PAL
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v.
14 STEVEN STEWART, et al
Defendants.
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COMES NOW defendant, STEVEN STEWART, by and through his counsel of record,
Richard. E. Tanasi of Tanasi Law Offices ERIC PARKER, by and through his counsel of
record, JESS R. MARCHESE, O. SCOTT DREXLER, by and through his counsel of record,
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TODD M. LEVENTHAL, and moves this Honorable Court to preclude evidence produced on
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I.
MEMORANDUM OF POINTS AND AUTHORITIES
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On April 26, 2016, the Honorable Judge Jeen ordered the Government to produce all
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Honorable Judge Leen ordered all Fed. R. Cr. P 16(a) discovery and Jenks/Giglio materials be
produced no later than January 6, 2017. See, Doc. 1017, p.7-8. On January 25, 2017, afoul of
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601 S. Seventh St., 2nd Floor
Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274
T ANASI L AW O FFICES
Phase I and II discovery by May 6, 2016. Doc. 321, p. 13. On November 11, 2016, the
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these orders, the government produced 240 pages of discovery (GB20327 to GB20567) along
with videos in folders marked 1B432 to 1B438, containing a total of 5.85 gigabytes of
discovery. Generally, failure to comply with discovery obligations is grounds for this
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Honorable Court to prohibit that party from introducing the undisclosed evidence; or enter
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any other order that is just under the circumstances. See, Fed. R. Cr. P 16(d). Here, Mr.
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Stewart requests this Honorable Court enter an order prohibiting the government from
introducing this untimely-disclosed discovery. This case has a large volume of discovery. Trial
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is set for February 6, 2017, and the government has just now produced another large volume of
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discovery that is near impossible for counsel to effectively review prior to trial along with the
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volume of discovery previously produced on or before January 6, 2017. Mr. Stewart, Mr.
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Parker and Mr. Drexler maintain their speedy trial right, so a continuance is not requested and
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not appropriate under the circumstances. An order prohibiting this new discovery is the only
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appropriate remedy.
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II.
CONCLUSION
Based upon the foregoing, Mr. Stewart, Mr. Parker, and Mr. Drexler request this
Honorable Court issue an Order prohibiting the government from introducing all discovery
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T ANASI L AW O FFICES
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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of Tanasi Law Offices, and that on the 27th day of
January, 2017, I served a copy of the foregoing DEFENDANTS MOTION TO PRECLUDE
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EVIDENCE PRODUCED ON JANUARY 25, 2017 via CM/ECF system, which was served
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