IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
UNITED STATES OF AMERICA,
ROBERT B. SPERRAZZA,
CASE NO.: 1:12-CR-6 (WLS)
Presently pending before the Court is Defendant’s Motion to Prohibit the
Government From Introducing Evidence Pursuant to Fed. R. Evid. 404(b) and Response
to Government’s Notice of Intent to Introduce Intrinsic Evidence or Inextricably
Intertwined Evidence (Doc. 36) and Defendant’s Motion in Limine (Doc. 50).
Defendant seeks to prohibit the Government from introducing at trial evidence of
Defendant’s prior charges in two state courts and evidence of Defendant’s alleged drug
usage. At the May 13, 2013 Pretrial Conference, the Government stated that it would not
include Defendant’s drug use in its opening statement and that it would instruct its
witnesses not to mention Defendant’s drug use until such time that the Court has found
the evidence of drug use admissible. Defendant agreed to the Government’s approach.
At the June 3, 2013 Pretrial Conference, the Government stated that it would not
introduce evidence of Defendant’s drug charges in its case-in-chief, and it would instruct
its witnesses not to mention Defendant’s drug charges. The Government also stated that
should the matter of Defendant’s drug charges become relevant during cross-
examination or rebuttal, the Government would seek direction from the Court outside
the presence of the jury before proceeding. Defendant agreed with the Government’s
approach. Accordingly, the Court will not allow any introduction of evidence of
Defendant’s drug usage or drug charges until the Court has ruled such evidence relevant
and admissible upon notice by counsel for the Government.
SO ORDERED, this 4th day of June, 2013.
/s/ W. Louis Sands
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT