Memorandum of Matters Discussed and Action Taken at Pretrial Conference — United States v. Rafael L. Johnson

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Memorandum of Matters Discussed and Action Taken at Pretrial Conference in United States v. Rafael L. Johnson, Criminal Action No. 25-00006-01-CR-W-BP, in the United States District Court for the Western District of Missouri, filed August 20, 2025 as Document 102. The memorandum lists the pending charges, including possession with intent to distribute methamphetamine and morphine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm and ammunition. It identifies outstanding motions, a Motion to Dismiss for Vindictive Prosecution (Doc. 79) and a Motion to Suppress Physical Evidence (Doc. 80), and sets August 29, 2025 as the deadline for witness and exhibit lists and motions in limine. The criminal jury trial docket commences September 15, 2025.

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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.
                                                                    25-00006-01-CR-W-BP
RAFAEL L. JOHNSON,

                        Defendant.
_____________________________________

                   MEMORANDUM OF MATTERS DISCUSSED AND
                   ACTION TAKEN AT PRETRIAL CONFERENCE

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

PENDING CHARGES:             Count One -    Possession with Intent to Distribute
                                            Methamphetamine, in violation of 21 U.S.C. §§
                                            841(a)(1) and (b)(1)(B)

                             Count Two – Possession with Intent to Distribute Morphine, in
                                         violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)

                             Count Three – Possession of a Firearm in Furtherance of a Drug
                                           Trafficking Crime, in violation of 18 U.S.C. §
                                           924(c)(1)(A)(i)

                             Count Four - Felon in Possession of a Firearm and Ammunition,
                                          in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8)

TRIAL COUNSEL:
      Government: Jessica Jennings & Brad Kavanaugh
           Case Agent: ATF Special Agent Rachel Alonzo
      Defense: James Spies


OUTSTANDING MOTIONS:                 Defendant’s Motion to Dismiss for Vindictive Prosecution
                                     (Doc. 79), Report and Recommendation filed 8/15/25 (Doc.
                                     99)

                                     Defendant’s Motion to Suppress Physical Evidence (Doc.
                                     80), Report and Recommendation filed 8/15/25 (Doc. 100)

ANTICIPATED MOTIONS:             Motions in limine will be filed.




       Case 4:25-cr-00006-BP         Document 102        Filed 08/20/25    Page 1 of 3
TRIAL WITNESSES:
     Government: 4 with stipulations; 6 without stipulations
     Defense: 2 witnesses, including Defendant who likely will not testify

TRIAL EXHIBITS:
     Government: 100 exhibits
     Defense: 50 exhibits

DEFENSES:
    ( x ) defense of general denial
    ( ) defenses of general denial and _________________________________________

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

TRIAL TIME: 2 ½ days
      Government’s case including jury selection: 2 days
      Defense case: ½ day

STIPULATIONS:
     ( ) not likely
     ( ) not appropriate
     ( x ) have been proposed as to:
           ( x ) chain of custody
           ( x ) chemist’s reports
           ( x ) prior felony conviction
           ( x ) interstate nexus of firearm
           ( ) other: ______________________________________________________

UNUSUAL QUESTIONS OF LAW:               None

FILING DEADLINES:

       Witness and Exhibit Lists:
       Government: August 29, 2025
       Defense: August 29, 2025
       Counsel are requested to list witnesses in alphabetical order on their witness list.

       Exhibit Index, Voir Dire, Jury Instructions: August 29, 2025
       Jury instructions must comply with Local Rule 51.1

       Motions in Limine: August 29, 2025

TRIAL SETTING: Criminal jury trial docket commencing September 15, 2025
     Please note: The Government requests the first week of the docket due to witness
     unavailability September 24-26, 2025. Defense counsel joins in this request.


       Case 4:25-cr-00006-BP        Document 102       Filed 08/20/25        Page 2 of 3
OTHER:
    ( )   A _____________________-speaking interpreter is required.
    ( )   Other assistive devices:

    IT IS SO ORDERED.


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




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    Case 4:25-cr-00006-BP      Document 102      Filed 08/20/25       Page 3 of 3


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