Hunter vs. United States of America

Filing 7

ORDER DIRECTING Government to Produce Electronic Files and DIRECTING a response in writing from Petitioner as to 6 MOTION Nunc Pro Tunc Admission of Exhibit filed by United States of America. Response due by 10/3/2014 . Signed by U.S. District Judge Robert H. Cleland on 9/24/14. (lgw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

FRANKIE HUNTER,
Petitioner,
Case No. 14-2688

v.
UNITED STATES OF AMERICA,
Respondent.
/

ORDER DIRECTING GOVERNMENT TO PRODUCE ELECTRONIC FILES AND
DIRECTING RESPONSE FROM PETITIONER
On September 18, 2014, the court held an evidentiary hearing for this ancillary
forfeiture matter. It has come to the court’s attention that through inadvertent mistake,
the government entered one CD into evidence as exhibit 3, but played identical audio
recordings from a separate CD during the hearing. (See Dkt. # 6, Pg. ID 11–14.)
According to the government, the relevant electronic files on the two CDs are the same;
the only difference between the two CDs is that the one which was entered into
evidence contains a greater number of audio files than the one played for the court
during the hearing. Although Petitioner did not object to the authenticity of the
recordings that were actually entered into evidence, he must be given an opportunity to
do so now before the record is corrected. Accordingly,
IT IS ORDERED that Petitioner Frankie Hunter is DIRECTED to respond in
writing to the government’s motion for nunc pro tunc admission of exhibit by October 3,
2014.

IT IS FURTHER ORDERED that the government is DIRECTED to immediately
produce the CD marked as exhibit 3 to the court’s Detroit chambers. The government
will also produce a copy of this CD to Petitioner upon his request.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 24, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 24, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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