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United States of America v. Jose Contreras

December 18, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE CONTRERAS, DEFENDANT.



ORDER

I. INTRODUCTION

The matters before the court are the government's "Motion in Limine" ("Motion") (docket no. 67) and Defendant Jose Contreras's request to exclude evidence, which is set forth in Defendant's Resistance (docket no. 72) and Supplemental Resistance (docket no. 80).

II. RELEVANT PROCEDURAL HISTORY

On December 8, 2011, a grand jury returned a two-count Indictment (docket no. 2) against Defendant. Counts 1 and 2 charge Defendant with harboring an alien and encouraging or inducing an alien to unlawfully reside in the United States, or aiding and abetting the commission of such offenses, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii), 1324(a)(1)(A)(iv), 1324(a)(1)(A)(v)(II) and 1324(a)(1)(B)(ii).*fn1

On December 3, 2012, the government filed the Motion. On December 10, 2012, Defendant filed his Resistance. In addition to responding to the Motion, Defendant's Resistance also requests that the court exclude evidence that Defendant allegedly signed an Immigration Form I-9 that contained false information.*fn2

On December 15, 2012, the government filed a Resistance (docket no. 78) to Defendant's request to exclude evidence regarding the Form I-9. On December 17, 2012, Defendant filed a Supplemental Resistance (docket no. 80), in which Defendant notes that, since he filed his initial Resistance, "the government has expressed an intent to introduce allegedly false Form I-9s submitted by individuals other than [Defendant]." Defendant's Supplemental Resistance at 1. Accordingly, Defendant states that he "formally objects to the admission of these Form I-9s, as well." Id. Neither party requests oral argument and the court finds that a hearing is unnecessary. The matter is fully submitted and ready for decision.

III. ANALYSIS

In the Motion, the government asks the court to exclude any evidence or comment regarding:

1. Any out-of-court statements attributed to [D]efendant, including any potentially "exculpatory" statements made by [D]efendant out-of-court;

2. Defendant's intent, knowledge, guilt, or innocence, unless offered through [the] testimony of [D]efendant;

3. The potential penalties [D]efendant may face upon conviction of either count with which he is charged[,] including any potential immigration consequences;

4. Any psychological or other mental health examination of [D]efendant; [D]efendant's current or past mental health; any mental health condition or diagnosis allegedly relating to [D]efendant; [D]efendant's alleged low intelligence; or [D]efendant's ability or competency to form the requisite intent to commit the crimes charged;

5. The government's charging decisions generally, or specifically in this case.

Motion at 1-2. In his Resistance and Supplemental Resistance, Defendant requests that the court exclude evidence that he and other individuals allegedly provided false information on Form I-9s that they signed in connection with their work for Eastern Iowa ...


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