Case 2:16-cr-00046-GMN-PAL Document 1439 Filed 01/27/17 Page 1 of 3

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601 S. Seventh St., 2nd Floor

Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

RICHARD E. TANASI, Esq.

Nevada Bar No. 9699
TANASI LAW OFFICES
601 S. Seventh St., 2nd Floor
Las Vegas, NV 89101
Telephone: (702) 906-2411
Facsimile: (866) 299-5274
Email: rtanasi@tanasilaw.com
Attorney for Defendant
STEVEN STEWART

DISTRICT COURT

CLARK COUNTY, NEVADA

10 UNITED STATES OF AMERICA,

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Plaintiff,

Case No.:

2:16-cr-00046GMN-PAL

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v.

14 STEVEN STEWART, et al
Defendants.

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DEFENDANTS MOTION TO PRECLUDE EVIDENCE PRODUCED ON

JANUARY 25, 2017

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COMES NOW defendant, STEVEN STEWART, by and through his counsel of record,
Richard. E. Tanasi of Tanasi Law Offices ERIC PARKER, by and through his counsel of
record, JESS R. MARCHESE, O. SCOTT DREXLER, by and through his counsel of record,

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TODD M. LEVENTHAL, and moves this Honorable Court to preclude evidence produced on

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January 27, 2017.

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Case 2:16-cr-00046-GMN-PAL Document 1439 Filed 01/27/17 Page 2 of 3

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I.
MEMORANDUM OF POINTS AND AUTHORITIES

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On April 26, 2016, the Honorable Judge Jeen ordered the Government to produce all

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Honorable Judge Leen ordered all Fed. R. Cr. P 16(a) discovery and Jenks/Giglio materials be

produced no later than January 6, 2017. See, Doc. 1017, p.7-8. On January 25, 2017, afoul of

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601 S. Seventh St., 2nd Floor
Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

Phase I and II discovery by May 6, 2016. Doc. 321, p. 13. On November 11, 2016, the

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these orders, the government produced 240 pages of discovery (GB20327 to GB20567) along
with videos in folders marked 1B432 to 1B438, containing a total of 5.85 gigabytes of
discovery. Generally, failure to comply with discovery obligations is grounds for this

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Honorable Court to prohibit that party from introducing the undisclosed evidence; or enter

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any other order that is just under the circumstances. See, Fed. R. Cr. P 16(d). Here, Mr.

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Stewart requests this Honorable Court enter an order prohibiting the government from
introducing this untimely-disclosed discovery. This case has a large volume of discovery. Trial

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is set for February 6, 2017, and the government has just now produced another large volume of

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discovery that is near impossible for counsel to effectively review prior to trial along with the

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volume of discovery previously produced on or before January 6, 2017. Mr. Stewart, Mr.

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Parker and Mr. Drexler maintain their speedy trial right, so a continuance is not requested and

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not appropriate under the circumstances. An order prohibiting this new discovery is the only

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appropriate remedy.

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Case 2:16-cr-00046-GMN-PAL Document 1439 Filed 01/27/17 Page 3 of 3

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II.
CONCLUSION

Based upon the foregoing, Mr. Stewart, Mr. Parker, and Mr. Drexler request this

Honorable Court issue an Order prohibiting the government from introducing all discovery

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produced, on January 25, 2017 under Fed. R. Cr. P 16(d).

DATED this 27th day of January, 2017.
/s/ Richard Tanasi
RICHARD E. TANASI, ESQ.

601 S. Seventh St., 2nd Floor

Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of Tanasi Law Offices, and that on the 27th day of
January, 2017, I served a copy of the foregoing DEFENDANTS MOTION TO PRECLUDE

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EVIDENCE PRODUCED ON JANUARY 25, 2017 via CM/ECF system, which was served

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via electronic transmission by the Clerk of Court pursuant to local order.

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/s/ Richard Tanasi

Employee of Tanasi Law Offices

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