United States v. Johnson

218 F. Supp. 3d 454, 2016 WL 6433176, 2016 U.S. Dist. LEXIS 150619
CourtDistrict Court, W.D. Pennsylvania
DecidedOctober 31, 2016
Docket1:15cr11-1
StatusPublished

This text of 218 F. Supp. 3d 454 (United States v. Johnson) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Johnson, 218 F. Supp. 3d 454, 2016 WL 6433176, 2016 U.S. Dist. LEXIS 150619 (W.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

David Stewart Cercone, United States District Judge

On March 11, 2015, a grand jury returned a twelve-count indictment charging James Lamont Johnson (“defendant”) and a co-defendant. The indictment charges defendant at Count One with conspiracy to defraud the United States through the submission of false claims for income tax refunds, from in and around January, 2011, and continuing thereafter until in and around May, 2012, in violation of 18 U.S.C. § 286 and at Count Two with theft of government property from in and around January, 2011, and continuing thereafter until in and around May, 2012, in violation of 18 U.S.C. §§ 641 and 2. Defendant is charged at counts three through twelve with aggravated identity theft, on or about September 15, 2011 through September 20, 2011, in violation of 18 U.S.C. §§ 1028A(a)(l) and 2. Presently before the court are defendant’s Motion for a Bill of Particulars, Motion to Preserve Investigative Notes, Motion for Early Release of Jencks Act Material and Motion to Disclose and Exclude Uncharged Other Crimes, Wrongs, or Acts. For the reasons set forth below, defendant’s motions will be granted in part and denied in part.

[457]*457Defendant has filed a Motion for Early Disclosure of Jencks Act Material. In the motion defendant requests information that extends well beyond the confines of the Jencks Act. For example, defendant seeks the disclosure of “important discovery material in the form of cooperating witness and eyewitness testimony” and notes that the disclosure of such materials can be compelled “in order to guarantee Defendant a fair trial and an even playing field.” Defendant asserts that this material must be obtained with sufficient time to review the material and conduct any appropriate inquiry.

It is apparent that defendant has blurred the lines between the various forms of authorized discovery and disclosure under the Jencks Act. It also is apparent that an understanding of the disclosures that can be compelled is a prerequisite to delineating the information that is beyond the court’s ability to do so. Consequently, the court will treat defendant’s motion as one seeking all forms of permissible disclosures.

The government has filed a response acknowledging its obligations under the Jencks Act and the corresponding obligation under Federal Rule of Criminal Procedure 26.2. In doing so it implicitly asserts that its primary obligation to produce such information is only after direct testimony by a witness has been provided. From this premise the government argues that the defendant’s request for this information is premature at this time. It otherwise fails to address the breadth of defendant’s requests.

Of course, it would appear to be shortsighted for this court to follow suit. Accordingly, it will treat defendant’s motion as seeking all disclosures available under Rule 16, Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), and the Jencks Act.

To the extent defendant’s motion seeks the disclosure of statements, information and things beyond (1) that which the government has made or has agreed to make available and (2) the dictates that flow from Rule 16 and Brady, the motion will be denied for a number of reasons. First, in responding to the motion for a bill of particulars the government has acknowledged its Rule 16 obligations and has indicated it has complied and will continue to comply with those obligations fully. Rule 16 was not designed to provide a defendant with a vehicle to discover the government’s case in detail or the strategy it intends to pursue at trial. United States v. Fioravanti, 412 F.2d 407, 410 (3d Cir.), cert. denied, 396 U.S. 837, 90 S.Ct. 97, 24 L.Ed.2d 88 (1969). Nor is the rule designed to provide a defendant with verifi cation that the use of anticipated evidence at trial by the defense is not vulnerable to attack by evidence within the government’s possession. United States v. Randolph, 456 F.2d 132, 136 (3d Cir.), cert. denied, 408 U.S. 926, 92 S.Ct. 2507, 33 L.Ed.2d 337 (1972). In fact, in sharp contrast with these propositions, the United States Court of Appeals for the Third Circuit has recognized that discovery in criminal cases is limited to those areas delineated in Rule 16, “with some additional material being discoverable in accordance with statutory pronouncements and the due process clause of the Constitution.” United States v. Ramos, 27 F.3d 65, 67-68 (3d Cir. 1994). As a general matter these other areas are limited to the Jencks Act and materials available pursuant to the so-called “Brady doctrine.” Id. at 68.1

[458]*458Second, the government has no obligation to produce an outline of the evidence it will offer at trial. A defendant is not entitled to conduct a wholesale review of the government’s investigation. See Weatherford v. Bursey, 429 U.S. 545, 559, 97 S.Ct. 837, 51 L.Ed.2d 30 (1977) (there is no general constitutional right to discovery-in a criminal case). Nor is a defendant entitled to obtain a list of the government’s witnesses through discovery. See United States v. DiPasquale, 740 F.2d 1282, 1294 (3d Cir. 1984), cert. denied, 469 U.S. 1228, 105 S.Ct. 1226, 84 L.Ed.2d 364 (1985). Similarly, there is no authority to support a defendant’s request for the specifics of each government witness’ proposed testimony. See Fioravanti, 412 F.2d at 410 (a defendant has no right to discover the minutia of the government’s evidence or the manner in which it will be used). And even assuming arguendo that this court has some residual discretion to order the pretrial disclosure of the government’s evidence in appropriate circumstances, the current record falls woefully short of presenting sufficient grounds to justify such an extraordinary measure.

Third, the statements of co-conspirators, whether indicted or not, are not available to the defendant under Rule 16. 8 J. Moore, Moore’s Federal Practice, 16.04[1], 16-64. Every circuit court to address the issue has held that such statements are not discoverable under Rule 16 and that disclosure of such statements is governed by the Jencks Act, regardless of whether the co-conspirator will be called as a witness. See United States v. Tarantino, 846 F.2d 1384, 1418 (D.C. Cir.), cert. denied, 488 U.S. 840, 109 S.Ct. 108, 102 L.Ed.2d 83 (1988); United States v. Roberts, 811 F.2d 257, 258 (4th Cir. 1987) (en banc); United States v.

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Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Giglio v. United States
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Weatherford v. Bursey
429 U.S. 545 (Supreme Court, 1977)
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Cite This Page — Counsel Stack

Bluebook (online)
218 F. Supp. 3d 454, 2016 WL 6433176, 2016 U.S. Dist. LEXIS 150619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-johnson-pawd-2016.