UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

 

UNITED STATES OF AMERICA,

Plaintiff,

v.

XXXX XXXX XXXX,

Defendant.
_________________________ 		)  CRIMINAL ACTION NO.
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)   3:99-CR-112-G
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DEFENDANTâS REQUEST TO HAVE THE COURT REVIEW THE PRESENTENCE REPORTS
OF THE GOVERNMENTâS WITNESSES IN CAMERA FOR BRADY AND GIGLIO MATERIAL

Defendant XXXX XXXX XXXX requests this Court to review, in camera, the presentence reports, (and the addendums to the presentence reports), of the governmentâs witnesses for Brady and Giglio material. This request is made pursuant to the Fifth Circuit opinion in United States v. Carreon, 11 F.3d 1225 (5th Cir. 1994). In this case the Court relied on it previous decision in United States v. Jackson, 978 F.2d 903, 908-09 (5th Cir. 1992).

In order to assist this Court in its determination of what might be Brady and Giglio material in these documents, counsel for XXXX XXXX, specifically requests that the Court look for the following evidence:

1. evidence that the witness used controlled substances during the time period of the alleged conspiracy;

2. evidence that the witness has recently used controlled substances, particularly evidence that the witness violated his conditions of pretrial release by using a controlled substance;

3. evidence that the witness has been untruthful, particularly if it resulted in a denial of the reduction for acceptance of responsibility or an enhancement for obstruction of justice;

4. evidence that the witness suffers from a mental disease or defect;

5.evidence that the witness attempted to minimize his role in the alleged conspiracy in contradiction of the preponderance of the evidence;

6. the entire criminal history as reflected in the presentence report, particularly where the witness is confronted with pending charges, or the possibility of charges being brought;

7. any other indications within the report or the addendum which would tend to show that the witness is unreliable.



Respectfully submitted,


Franklyn Mickelsen
 Tx. Bar 14011020
Broden & Mickelsen
2715 Guillot
Dallas, Texas 75204
(214) 720-9552
(214) 720-9594 (facsimile)

Attorney for
XXXX XXXX XXXX



CERTIFICATE OF SERVICE

I, Franklyn Mickelsen, certify that on September 30, 1999, I caused a copy of the above document to be hand delivered to the United States Attorneyâs Office, 1100 Commerce Street, Third Floor, Dallas, Texas to the attention of Bill McMurrey, the Assistant United States Attorney assigned to this case.

____________________

Franklyn Mickelsen

CERTIFICATE OF CONFERENCE

I, Franklyn Mickelsen, hereby certify that on September 30, 1999, I conferred with Bill McMurrey, the Assistant United States Attorney assigned to this case, and was unable to reach him.

____________________

Franklyn Mickelsen




UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION


UNITED STATES OF AMERICA,

Plaintiff,

v.

XXXX XXXX XXXX,

Defendant.
_________________________ 		)  CRIMINAL ACTION NO.
)
)   3:99-CR-112-G
)
)
)
)
)
)
)


ORDER

Upon consideration of Defendantâs request that the Court review the presentence reports and addendums of the governmentâs witnesses, the said motion is GRANTED. The government is ordered to provide the Court a list of it s witnesses who have had a presentence report made as soon as practicable. The Court will then direct the United States Probation Office to provide the presentence reports and addendums to the Court. The Court will review the presentence reports and addendums for Brady and Giglio material and forward such information to defense counsel at least twenty-four hours prior to trial.

So ORDERED.

DATED


_____________________________

A. JOE FISH
UNITED STATES DISTRICT JUDGE