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United States v. Mills

United States District Court, E.D. Michigan, Southern Division

July 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EDWIN MILLS, et al., Defendants.

          OPINION & ORDER DENYING DEFENDANT CARLO WILSON'S MOTION TO COMPEL DISCOVERY REGARDING SELECTIVE ENFORCEMENT CLAIM (DKT. 941)

          HON. MARK A. GOLDSMITH JUDGE.

         This matter is before the Court on Defendant Carlo Wilson's motion to compel discovery in anticipation of filing a motion to strike the notice of intent to seek the death penalty based on a racially selective law enforcement claim (Dkt. 941).[1] The Government filed a response in opposition to the motion (Dkt. 946), to which Wilson replied (Dkt. 949).[2] For the reasons stated below, the Court denies the motion.

         I. BACKGROUND

         Because the Court has previously described the factual and procedural background of this case in greater detail in other opinions, it need not do so again for purposes of the present motion. See, e.g., United States v. Mills, 378 F.Supp.3d 563 (E.D. Mich. 2019) (denying motions to dismiss); United States v. Mills, No. 16-cr-20460, 2019 WL 1915762 (E.D. Mich. Apr. 30, 2019) (denying motions for bills of particulars); United States v. Mills, 367 F.Supp.3d 664 (E.D. Mich. 2019) (granting in part and denying in part motion to preclude rap lyrics and videos).

         II. DISCUSSION

         In his motion, Wilson contends that the Detroit Field Office of the FBI “engages in racially selective investigations of murders committed in relation to criminal enterprises under 18 U.S.C. §§ 1962 and 1959 and 21 U.S.C. § 848, and criminal groups of more than one person under 18 U.S.C. § 924(j) or any other criminal statute with a penalty of death, ” which supposedly includes its investigation of his case. Def. Mot. at 9; see also Def. Reply at 2 (“[T]he FBI's Detroit field office engaged in a racially selective investigation of Mr. Wilson-part of a pattern of racially selective investigations of murders involving criminal groups of two or more persons-in violation of Mr. Wilson's Fifth Amendment rights.”). To demonstrate that his selective enforcement claim has merit, Wilson requests a court order compelling the Government to produce the following discovery:

(1) A list by case name, number, and race of each defendant charged in any offense under 18 U.S.C. § 1962 in which an overt act of murder was alleged brought by any U.S. Attorney's Office in the State of Michigan from 2008 to the present.
(2) A list by case name, number, and race of each defendant charged in any offense under 18 U.S.C. § 1959(a)(1) or 21 U.S.C. § 848(e) brought by any U.S. Attorney's Office in the State of Michigan from 2008 to the present.
(3) A list by case name, number, and race of each defendant charged in any multi-defendant case for any offenses under federal law for which there is a possible penalty of death.
(4) For each case listed in (1), (2), and (3), a statement of prior criminal contact that the federal agency responsible for the investigation had with each defendant.
(5) All national and Detroit field office FBI manuals, circulars, field notes, correspondence or any other material which discuss “enterprise, ” as that term is defined in 18 U.S.C. § 1961(4), or “continuing criminal enterprise, ” as that term is defined in 21 U.S.C. § 848(c); and which discuss “gangs”; and which discuss any criminal group which the FBI chooses to not categorize as an “enterprise, ” “continuing criminal enterprise, ” or “gang”; including directions to agents regarding how to pursue investigations of “enterprises, ” “continuing criminal enterprises, ” “gangs, ” and other uncategorized criminal groups and how to determine which “enterprises, ” “continuing criminal enterprises, ” “gangs, ” and other criminal groups to pursue.
(6) Data from 2008 to the present outlining the number of “enterprises, ” “continuing criminal enterprises, ” “gangs, ” and other criminal groups that the FBI's Detroit field office is investigating or has investigated for violations of 18 U.S.C. § 1962 wherein murder is involved, violations of 18 U.S.C. § 1959(a)(1), violations of 21 U.S.C. § 848(e), violations of 18 U.S.C. § 924(j), or violations of any other federal criminal law in which a penalty of death may apply.
(7) Data from 2008 to the present identifying the racial composition of each “enterprise, ” “continuing criminal enterprise, ” “gang, ” and other criminal group described in (6) above.
(8) All documents that contain information on how supervisors and managers of the FBI's Detroit field office were to ensure and/or did ensure or check to decide that its agents were not targeting persons on the basis of their race, color, ancestry, or national origin for investigations of murders committed by individuals associated with “enterprises, ” “gangs, ” or other criminal groups and what actions the FBI's Detroit field office took to determine whether ...

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