United States District Court, D. Kansas
MEMORANDUM AND ORDER
MONTI L. BELOT, District Judge.
This case comes before the court on the following:
1) Defendant's motion to compel (Doc. 23) and the government's response (Docs. 28, 29);
2) Defendant's objection to Rule 404(b) evidence (Doc. 24) and the government's response (Doc. 30); and
3) Defendant's motion in limine (Doc. 25) and the government's response (Doc. 31).
Defendant is charged in a single count indictment of felon in possession of ammunition. (Doc. 1). Defendant seeks to limit the introduction of his criminal history and gang affiliation. Defendant also seeks an order from the court requiring the government to produce certain evidence.
A. Motion to Compel
Defendant seeks "an order directing the government to search for, locate and produce for inspection all Brady and other physical evidence and the Giglio evidence requested in the motion." (Doc. 23 at 6). The government responds that it has complied with its obligations under Brady and Giglio and provided defendant with all information that it is required to disclose. The court finds the government's response satisfactory.
Defendant's motion is denied, without prejudice.
B. Objection to Rule 404(b) Evidence
Defendant seeks an order prohibiting the government from introducing evidence of his prior convictions or crimes at trial. (Doc. 24). Defendant has attached a proposed stipulation, but it has not been signed by defendant. If defendant voluntarily agrees to stipulate to the existence of the prior felony conviction, then it will not be necessary for the government to offer independent evidence of its existence. But defendant is not required to stipulate and if he does not, proper evidence of the prior conviction can be offered and, if appropriate, admitted. The court will cover the matter of a stipulation with defendant out of the presence of the jury before trial. Obviously, government counsel can refer to the existence of defendant's prior ...