Order Following the Final Pretrial Conference — United States v. Jamar Davis (Document 89)

Summary

In United States v. Jamar Davis, No. 23-119, in the Eastern District of Pennsylvania, this October 10, 2024 order rules on pretrial motions after a Final Pretrial Conference. It grants the government's Motion for Bill of Particulars for Forfeiture of Property and Mr. Davis' Motion to Bifurcate Count 5, and it denies his Motion to Dismiss Count 5 as Unconstitutional. It grants in full the government's Motion to Admit Recordings and Transcripts. The Court will conduct an evidentiary hearing on Mr. Davis' Motion to Suppress Evidence Recovered from Cell Phone and Subsequently Discovered Evidence on Tuesday, October 22, 2024, before trial. The order is signed s/ANITA B. BRODY.

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Full text

           Case 2:23-cr-00119-AB Document 89 Filed 10/10/24 Page 1 of 2




                IN THE UNITED STATES DISTRICT COURT
             FOR THE EASTERN DISTRICT OF PENNSYLVANIA

    UNITED STATES                                 :
                                                  :          CRIMINAL ACTION
                v.                                :          No. 23-119
                                                  :
    JAMAR DAVIS                                   :

                                             ORDER

       AND NOW, this 10th day of October, 2024, following the Final Pretrial

Conference held on October 1, 2023, it is ORDERED that:

     • The government’s Motion for Bill of Particulars for Forfeiture of

       Property (ECF No. 11) is GRANTED. 1

     • Mr. Davis’ Motion to Bifurcate Count 5 (ECF No. 78) is GRANTED. 2

     • Mr. Davis’ Motion to Dismiss Count 5 as Unconstitutional (ECF No.

       80) is DENIED. 3

     • The government’s Motion to Admit Recordings and Transcripts (ECF

       No. 75) is GRANTED in full. 4



1
  Mr. Davis does not oppose this motion. See Transcript of Conference at 3-4.
2
  The government does not oppose this motion. See ECF No. 79; Transcript of Conference at 18.
3
  Transcript of Conference at 16-17. See United States v. Rahimi, 144 S. Ct. 1889 (2024)
(upholding a firearm restriction when an individual has been found to pose a credible threat to
the physical safety of another); Garland v. Range, 144 S. Ct. 2706 (Mem) (2024) (vacating and
remanding, in light of Rahimi, the Third Circuit’s holding that the federal felon-in-possession
law is unconstitutional as applied).
4
  Transcript of Conference at 16 (allowing admission of transcripts but affirming that the Court
will hear argument by the defense if there is any particular part of the transcripts that the defense
thinks is a misrepresentation).
             Case 2:23-cr-00119-AB Document 89 Filed 10/10/24 Page 2 of 2




         It is further ORDERED, upon consideration of Mr. Davis’ Motion to

Suppress Evidence Recovered from Cell Phone and Subsequently

Discovered Evidence (ECF No. 67) and the government’s Response in

Opposition (ECF No. 70), that the Court will conduct an evidentiary hearing

on Mr. Davis’ Motion on Tuesday, October 22, 2024, prior to trial. 5



                                         ____s/ANITA B. BRODY, J._______
                                         ANITA B. BRODY, J.




5
    Transcript of Conference at 13-14.


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