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United States v. Gutierrez-Castro

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Aug 6, 2011
No. CR 10-2072 JB (D.N.M. Aug. 6, 2011)

Opinion

No. CR 10-2072 JB

08-06-2011

UNITED STATES OF AMERICA, Plaintiff, v. SALVADOR DE JESUS GUTIERREZ-CASTRO, Defendant.

Kenneth J. Gonzales United States Attorney Norman Cairns Shammara Henderson Assistant United States Attorneys United States Attorney's Office Albuquerque, New Mexico Attorneys for the Plaintiff Phillip G. Sapien Sapien Law, LLC Albuquerque, New Mexico Kenneth A. Gleria Kenneth A. Gleria, Attorney at Law Albuquerque, New Mexico Attorneys for the Defendant


MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on Defendant Gutierrez-Castro's Motion in Limine to Exclude Admission of the Defendant's Criminal Record, filed June 27, 2011 (Doc. 52). The Court held a hearing on August 4, 2011. The primary issue is whether the Court should exclude admission of any evidence of Defendant Salvador De Jesus Gutierrez-Castro's prior arrests, contacts with law enforcement or convictions as irrelevant, unfairly prejudicial, and substantially more prejudicial than probative under rule 403 of the Federal Rules of Evidence. At the hearing, Plaintiff United States of America represented that it did not oppose the motion and stated that it did not plan to introduce any evidence of Gutierrez-Castro's criminal record. Because the United States does not oppose Gutierrez-Castro's motion, and for the reasons stated on the record at the hearing, the Court will grant the motion.

IT IS ORDERED that Defendant Gutierrez-Castro's Motion in Limine to Exclude Admission of the Defendant's Criminal Record, filed June 27, 2011 (Doc. 52), is granted.

__________________________________

UNITED STATES DISTRICT JUDGE

Counsel:

Kenneth J. Gonzales

United States Attorney Norman Cairns Shammara Henderson

Assistant United States Attorneys

United States Attorney's Office

Albuquerque, New Mexico

Attorneys for the Plaintiff

Phillip G. Sapien

Sapien Law, LLC

Albuquerque, New Mexico

-- and

Kenneth A. Gleria

Kenneth A. Gleria, Attorney at Law

Albuquerque, New Mexico

Attorneys for the Defendant


Summaries of

United States v. Gutierrez-Castro

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Aug 6, 2011
No. CR 10-2072 JB (D.N.M. Aug. 6, 2011)
Case details for

United States v. Gutierrez-Castro

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. SALVADOR DE JESUS…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Aug 6, 2011

Citations

No. CR 10-2072 JB (D.N.M. Aug. 6, 2011)

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