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United States v. Noel

March 25, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERT NOEL, DEFENDANT.



The opinion of the court was delivered by: Honorable Thomas L. Ludington

ORDER PURSUANT TO PRETRIAL CONFERENCE

This matter is scheduled for trial on Tuesday, April 6, 2010, on two counts against Defendant for violations of 18 U.S.C. § 922(e) and (g)(1), knowingly possessing, in and affecting commerce, firearms, by a person convicted of a crime punishable by imprisonment for a term exceeding one year, on August 3, 2007, and July 24, 2008, respectively. On March 22, 2010, the Court held a pretrial conference on the record with Defendant present. Once again, Defendant reiterated his desire to proceed to trial pro se, with attorney Kenneth Sasse as standby counsel. Defendant also expressed his understanding that by electing to proceed to trial he could receive a sentence from fifteen years to life imprisonment on each count. He also expressly rejected a plea offer that was summarized on the record. Despite previously filing a "demand" for a bench trial, Defendant decided not to waive his right to a jury trial, after having conferred with standby counsel on the issue.

At the pretrial conference, it was agreed that the government would provide its witness and exhibit lists to Defendant, along with a copy of the exhibits and any witness statements, no later than Friday, April 2, 2010. Likewise, Defendant agreed to provide the government with his witness list the same day. The Court indicated that it would prepared a preliminary draft of jury instructions. The parties should be prepared to submit their objections to the draft in writing on the morning of the trial. A copy of the draft jury instructions will be provided electronically to the government and attorney Sasse, and sent via First Class Mail to Defendant.

Accordingly, it is ORDERED that the government is DIRECTED to provide its witness and exhibit lists to Defendant, along with a copy of the exhibits and any witness statements, no later than Friday, April 2, 2010. Likewise, Defendant is DIRECTED to provide the government with his witness list the same day.

It is further ORDERED that the parties are DIRECTED to submit any objections to the draft jury instructions in writing on the morning of the trial.

THOMAS L. LUDINGTON United States District Judge

20100325

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