Memorandum of Matters Discussed and Action Taken at Pretrial Conference — United States v. Stewart (Dkt. 67, W.D. Mo.)

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A memorandum of matters discussed and action taken at the pretrial conference by U.S. Magistrate Judge Jill A. Morris in United States v. Trevontae L. Stewart, et al., Criminal Action No. 20-00254-01/02/03-CR-W-GAF, in the U.S. District Court for the Western District of Missouri, filed February 25, 2022 as Document 67. It lists the pending charges against all defendants, including aiding and abetting Hobbs Act robbery, conspiracy to commit Hobbs Act robbery, aiding and abetting carjacking and firearm counts under 18 U.S.C. § 924(c)(1)(A). The memorandum estimates trial time at 4-5 days, sets March 7, 2022 deadlines for exhibit indexes, voir dire, jury instructions and motions in limine, and places the case on the criminal jury trial docket commencing March 21, 2022.

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IN THE UNITED STATES DISTRICT COURT FOR THE
                          WESTERN DISTRICT OF MISSOURI

UNITED STATES OF AMERICA

                             Plaintiff,

-vs-                                                       Criminal Action No.
                                                           20-00254-01/02/03-CR-W-GAF
TREVONTAE L. STEWART, et al,

                        Defendants.
_____________________________________

                   MEMORANDUM OF MATTERS DISCUSSED AND
                   ACTION TAKEN AT PRETRIAL CONFERENCE

The following matters were discussed and action taken during the pretrial conference:

PENDING CHARGE: All Defendants are charged with the following:
                     Count One: Aiding and Abetting Hobbs Act Robbery, in
                                    violation of 18 U.S.C. §§ 1951(a) and 2
                     Count Two: Conspiracy to Commit Hobbs Act Robbery, in
                                    violation of 18 U.S.C. § 1951(a)
                     Count Three: Aiding and Abetting Carjacking, in violation of 18
                                    U.S.C. §§ 2119(1) and 2
                     Count Four: Aiding              and         Abetting         Firearm
                                    Possession/Use/Brandish with a Crime of Violence,
                                    in violation of 18 U.S.C. §§ 924(c)(1)(A)(i), (ii), and
                                    2
                     Count Five: Aiding              and         Abetting         Firearm
                                    Possession/Use/Brandish Firearm with a Crime of
                                    Violence, in violation of 18 U.S.C. §§
                                    924(c)(1)(A)(i), (ii), and 2
                     Count Six:     Aiding and Abetting Firearm Possession by a
                                    Convicted Felon, in violation of 18 U.S.C. §§
                                    922(g)(1), 924(a)(2), and 2
                     Count Seven: Aiding and Abetting Possession of Stolen Firearms,
                                    in violation of 18 U.S.C. §§ 922(j), 924(a)(2), and 2

TRIAL COUNSEL:
      Government: Bruce A. Rhoades
           Case Agent:     FBI Special Agent Tim Flohrschutz
      Defendant Trevontae L. Stewart (1): Lance David Sandage
      Defendant Cedric D. Ford (2): Stephen Chase Higinbotham Jr.
      Defendant Raymond L. Howard (3): Jeffrey Alan Gedbaw


OUTSTANDING MOTIONS:              None presently.

         Case 4:20-cr-00254-GAF Document 67 Filed 02/25/22 Page 1 of 4

ANTICIPATED MOTIONS: All Defendants anticipate filing Motions in Limine.


TRIAL WITNESSES:
     Government: 15-20 witnesses, including witnesses listed on the Government’s First
                  Proposed Witness List (Doc. 64)
     Defendant Stewart: less than 5 witnesses, including Defendant who may testify
     Defendant Ford: no more than 5 witnesses, including Defendant who may testify
     Defendant Howard: less than 5 witnesses, including Defendant who may testify


TRIAL EXHIBITS:
     Government:            25 exhibits
     Defendant Stewart:     less than 10 additional exhibits
     Defendant Ford:        no more than 10 additional exhibits
     Defendant Howard:      less than 10 additional exhibits


DEFENSES:
Defendant Stewart will rely on:
      (X ) defense of general denial
      ( ) defenses of general denial and _________________________________________

Defendant Ford will rely on:
      (X ) defense of general denial
      ( ) defenses of general denial and _________________________________________

Defendant Howard will rely on:
      (X ) defense of general denial
      ( ) defenses of general denial and _________________________________________


POSSIBLE DISPOSITION:
Defendant Stewart:
      (X ) Definitely for trial                   ( ) Possibly for trial
      ( ) Motion to continue to be filed          ( ) Likely a plea will be worked out

Defendant Ford:
      (X ) Definitely for trial                   ( ) Possibly for trial
      ( ) Motion to continue to be filed          ( ) Likely a plea will be worked out

Defendant Howard:
      (X ) Definitely for trial                   ( ) Possibly for trial
      ( ) Motion to continue to be filed          ( ) Likely a plea will be worked out




         Case 4:20-cr-00254-GAF Document 67 Filed 02/25/22 Page 2 of 4

TRIAL TIME: 4-5 days
      Government’s case including jury selection: 3 days
      Defense case: 1/2 day per Defendant


STIPULATIONS:
With regard to Defendant Stewart, if offered, stipulations are possible as to:
               ( ) chain of custody
               ( ) chemist’s reports
               ( ) prior felony conviction
               (X ) interstate nexus of firearm
               (X ) other: social media chain of custody

With regard to Defendant Ford, stipulations are unknown at this time, but possible if offered.

With regard to Defendant Howard, if offered, stipulations are possible as to:
               ( ) chain of custody
               ( ) chemist’s reports
               ( ) prior felony conviction
               (X ) interstate nexus of firearm
               (X ) other


UNUSUAL QUESTIONS OF LAW: None, but all Defendants anticipate filing significant
    Motions in Limine concerning the admissibility of certain evidence, including but not
    limited to social media and First Amendment issues.


FILING DEADLINES:

       Deadlines for filings are as follows:

       Witness and Exhibit Lists:
       Government: March 7, 2022
       Defense: March 7, 2022
       Counsel are requested to list witnesses in alphabetical order on their witness list.

       Exhibit Index, Voir Dire, Jury Instructions: March 7, 2022
       Jury instructions must comply with Local Rule 51.1

       Motions in Limine: March 7, 2022


TRIAL SETTING: Criminal jury trial docket commencing March 21, 2022


                                                 3



          Case 4:20-cr-00254-GAF Document 67 Filed 02/25/22 Page 3 of 4

       Please note: AUSA Bruce Rhoades requests week two (March 28 – April 1, 2022) of the
       docket because he will be unavailable the week prior to March 21, 2022. Defense counsel
       for all Defendants have no objection and join AUSA Rhoades’ request. Defense counsel
       Sandage and Gedbaw have matters set the week of March 21, 2022, but neither have
       immovable conflicts.

OTHER: No interpreter or assistive devices are requested.

       IT IS SO ORDERED.

                                                            /s/ Jill A. Morris
                                                            JILL A. MORRIS
                                                            United States Magistrate Judge




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         Case 4:20-cr-00254-GAF Document 67 Filed 02/25/22 Page 4 of 4

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