Court filing — No. 1:22-cr-00146 (Dkt. 95, D. Md.)
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Case 1:22-cr-00146-JKB Document 95 Filed 11/03/23 Page 1 of 1
U.S. Department of Justice
United States Attorney
District of Maryland
Matthew Phelps Suite 400 DIRECT: 410-209-4920
Assistant United States Attorney 36 S. Charles Street MAIN: 410-209-4800
Matthew.Phelps@usdoj.gov Baltimore, MD 21201-3119 FAX: 410-962-9947
November 3, 2023
(via cm/ecf)
Hon. James K. Bredar
United States District Court
101 W. Lombard Street
Baltimore, Maryland 21201
Re: United States v. Elfenbein, Case No. 1:22-cr-00146
Request for Hearing, ECF No. 93
Dear Judge Bredar,
I am writing in response to the Defendant’s letter, ECF No. 93, seeking a hearing on his
Motion for Judgment of Acquittal or in the Alternative for a New Trial. A hearing is not necessary.
Your Honor ruled on the Defendant’s previous Rule 29 motions twice, and the new trial motion
largely asks the Court to reconsider evidentiary rulings it has already made. Your Honor presided
over the trial and witnessed all of the testimony. In addition to the three-week trial, the parties
supplied more than 100 pages of briefing and nearly 100 exhibits related to the motion. The
Government believes that the motion can be resolved without a hearing. If the Court would like
to have a hearing on the motion, then the Government requests that the Court allot additional time
on the day of sentencing so that the parties do not need to have two hearings.
Very truly yours,
Erek L. Barron
United States Attorney
_____/s/_________________________
Matthew P. Phelps
Assistant United States Attorney
D. Keith Clouser
Trial Attorney