GOVERNMENT’S REPLY
TO DEFENDANT’S MOTION FOR DISCOVERY AND INSPECTION
Pursuant to Fed. R. Crim. P. 16,
the United States, by and through Assistant United States
Attorney Rhonda Johnson, hereby responds to the defendant’s
discovery motion by filing this reply.
1. Defendant’s motion seeks discovery and inspection
of the marked money used by Detective Brown during an
undercover narcotics transaction with defendant. The government
had previously provided defendant with all materials that
are discoverable pursuant to Fed. R. Crim. P. 16. As defendant
states in his motion, defense counsel has already visited
the DEA laboratory and inspected the narcotics involved
in the transaction leading to the instant charges.
2. Under Rule 16, tangible objects discoverable by the
defendant must be relevant and material to the case. The
United States will not use the marked money sought by
defendant during trial, either in its case in chief or
in rebuttal. Indeed, the money used during the undercover
transaction is no more relevant or material or to the
charges facing defendant than the shirt or other clothing
worn by Detective Brown.
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