United States District Court, N.D. Iowa, Cedar Rapids Division
Williams, United States District Judge.
case is before the Court pursuant to defendant's Motion
in Limine. (Doc. 27). The government timely filed a response
to the motion. (Doc. 30). On September 24, 2018, the Court
heard argument from the parties on this motion during the
final pretrial conference. Neither party cited any cases or
authority for their respective positions in either their
briefs or during argument, aside from references to the
Federal Rules of Evidence. For the following reasons, the
Court denies in part, and holds in
abeyance in part, defendant's Motion in Limine.
11, 2018, the Grand Jury issued a superseding indictment
charging defendant with: sexual exploitation of a child in
violation of 18 U.S.C. §§ 2251(a) and 2251(e)
(Count 1); enticement of a minor in violation of 18 U.S.C.
§ 2422(b) (Count 2); and receipt of child pornography in
violation of 18 U.S.C. §§ 2252(a)(2) and 2252(b)(1)
(Count 3). (Doc. 11). On September 13, 2018, defendant filed
a Motion in Limine, seeking a court order limiting,
preventing, and restricting the Government from introducing
1) “Evidence and/or testimony regarding the prior
criminal and arrest history of defendant, prior “bad
acts” of defendant.” 2) Evidence and/or testimony
regarding any “street name, ” nickname or moniker
3) Evidence and/or testimony regarding defendant's
detention prior to trial.
4) Evidence and/or testimony regarding defense counsel's
appointment via defendant's indigent status.
5) Evidence and/or testimony regarding defendant's status
as a probationer, as a supervised release participant, and
defendant's placement within the residential reentry
6) Evidence and/or testimony of lay or law enforcement
witnesses who seek to recite statements from others, whether
or not those are offered for the truth of the matter or
simply as an explanation of why the lay witness or law
enforcement took a specific route of action.
7) Evidence and/or testimony that is sought that is hearsay
of any witness or the defendant.
8) Evidence and/or testimony sought to be established or used
as a “co-conspirator” that is hearsay.