Joint Proposed Pretrial Order

Case No. 4:17-cr-00034-02 JSW 1

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DAVID L. ANDERSON (CABN 149604)

United States Attorney

HALLIE HOFFMAN (CABN 210020)

Chief, Criminal Division

CYNTHIA STIER (DCBN 423256)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-7000

Facsimile: (415) 436-7009

Email: cynthia.stier@usdoj.gov 

Attorneys for United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

BRANDON JONES,

 Defendant. )

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CASE NO. 4:17-CR-00034-JSW

JOINT [PROPOSED] AMENDED FINAL 

PRETRIAL ORDER

Pretrial: May 20, 2019

Time: 2:00 p.m.

Hon. Jeffrey S. White

Pursuant to Criminal Local Rule 17.1-1(b) and the Court’s Guidelines for Motions, Final Pretrial

Conference, and Trial in Criminal Case (“Guidelines”), the government and defendant jointly submit

this Joint Proposed Amended Final Pretrial Order.

I. 18 U.S.C. § 3500 and Federal Rule Criminal Procedure 26.2 (Crim. L.R. 17.1-1(b)(1))

The government has provided the defendant with several memoranda of interview and a grand 

jury transcript. The government will make final disclosures under the Jencks Act on or before June 7, 

2019, ten days before trial. Thereafter, if new Jencks material is generated (e.g., a memorandum of 

pretrial witness interview), the government will timely provide this material to the defense.

The defendant states that he is compliant with his discovery obligations.

Case 4:17-cr-00034-JSW Document 417 Filed 05/07/19 Page 1 of 5
Joint Proposed Pretrial Order

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II. Grand Jury Testimony (Crim. L.R. 17.1-1(b)(2))

The government has disclosed the grand jury transcript of its anticipated witness. Another grand 

jury transcript of an anticipated witness will be upon obtaining an order authorizing disclosure pursuant 

to Rule 6(E) of the Fed.R.Crim.Pro. 

III. Exculpatory Evidence (Crim. L.R. 17.1-1(b)(3))

Statement by the government

The government is compliant with its obligation to timely disclose all exculpatory evidence to 

the defendant. If the government comes into possession of additional exculpatory evidence, the 

government will timely disclose such evidence.

Statement by the Defense

None.

IV. Stipulations (Crim. L.R. 17.1-1(b)(4) and Guidelines No. 5 (ii))

The government and defendant Brandon Jones intend to enter several evidentiary stipulations 

that will be filed with the Court. 

The parties will stipulate that trial exhibits 1 through 231 and 256 through 265 are authentic 

under Rules 901 and 902 of the Federal Rules of Evidence; that trial exhibits 1 through 231 are public 

records under Rule 803(8) of the Federal Rules of Evidence, and trial exhibits 256 through 265 are 

business records under Rule 803(6) of the Federal Rules of Evidence.

Further, the parties will stipulate that trial exhibits 233 through 255 are authentic under Fed. R. 

Evid. 901 and 902, and originals under Rule 1003 of the Federal Rules of Procedure. 

V. Interpreters (Crim. L. R. 17.1-1(b)(5))

None.

VI. Dismissal of Counts (Crim. L.R. 17.1-1(b)(6))

The government has not dismissed any counts in the Indictment related to the defendant 

captioned in this pretrial statement.

VII. Joinder and Severance (Crim. L.R. 17.1-1(b)(7))

There has been no severance. Co-defendant Satina Shaw pleaded guilty. 

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Joint Proposed Pretrial Order

Case No. 4:17-cr-00034-02 JSW 3

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VIII. Informants, Identification Evidence, and Prior Convictions (Crim. L.R. 17.1-1(b)(8))

The government has not used an informant in this case. The government is compliant with its

obligation to disclose all pretrial identification evidence. The government is compliant with its 

obligation to disclose evidence of prior convictions of the defendant, and will provide criminal histories 

of its witnesses.

IX. Witnesses (Crim. L.R. 17.1-1(b)(9) and Guidelines No. 5(iv))

The government and defendant are filing their witness lists with this proposed order.

X. Exhibits (Crim. L.R. 17.1-1(b)(10) and Guidelines No. 5(iii))

The government and defendant are filing an amended joint exhibit list with this proposed order.

Statement by the government

The government reserves the right to supplement or amend its exhibit list prior to and during 

trial. The government has provided to the defendant all trial exhibits it intends to offer, with the 

exception of draft charts by its summary expert witness, Patricia Hirai. 

Statement by the Defendant

Defendant Brandon Jones reserves the right to supplement or amend his exhibit list prior to and 

during trial. Mr. Jones is still awaiting receipt of documents pursuant to subpoena requests. Mr. Jones 

will provide copies of these documents upon receipt.

XI. Objections to Exhibits/Testimony (Crim. L.R. 17.1-1(b)(11) and Guidelines No. 6(f))

The government and defendant are filing with this proposed order a joint list of objections to 

each exhibit; the basis for each objection; and the responses to each objection. The government and 

defendant do not waive their rights to object to any of the proposed exhibits on other grounds, such as 

relevance, prejudice, inadmissible character evidence, or any of the bases set forth in the motions in

limine or accompanying objections.

XII. Trial Memorandum (Crim. L.R. 17.1-1(b)(12))

The government filed its trial memorandum. ECF #379. Brandon Jones does not intend to file a 

trial memorandum unless the court requests briefing on a particular issue.

XIII. Scheduling (Crim. L.R. 17.1-1(b)(13))

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The government and defendant are prepared to conduct jury selection on June 12, 2019, at 8:00 

a.m. The government anticipates its case in chief taking approximately 4 court days, and defendant 

anticipates his case taking approximately 2 days. 

XIV. Voir Dire (Crim. L.R. 17.1-1(b)(14) and Guidelines No. 6(d))

The government and defendant are filing with this proposed order a joint set of proposed voir 

dire.

XV. Description of the Case (Guidelines No. 5(I), 6(c))

The Indictment alleges the following that from December 13, 2011 to March 7, 2013, the 

defendant carried out a scheme to steal public money and property by filing false tax returns which

requested fraudulent refunds using the identities of other individuals. 

XVI. Jury Instructions (Guidelines No. 6(a))

The government and the defendant are filing stipulated proposed jury instructions.

XVII. Other Issues (Crim. L.R. 17.1-1(b)(15) and Guidelines 6(h) and (g))

Both parties have filed motions in limine and oppositions. 

 Defendant opposes the United States’ Motion in Limine.

 The United States does not oppose Defendant’s Motion in Limine #1 (US not to use guilty 

pleas or convictions of witnesses as proof of Jones’ guilt).

 The United States opposes Defendant’s Motion in Limine #2 (Use of Defendant’s 2007 

 conviction in the event he testifies).

 The United States does not oppose Defendant’s Motion in Limine #3 (Indictment not to be 

read to jury or sent to jury room). 

 The United States opposes Defendant’s Motion in Limine #4 (to prohibit use of “Patton” 

when referring to Patton State Hospital).

Respectfully submitted,

DAVID L. ANDERSON

United States Attorney

Northern District of California

s/ Cynthia Stier

CYNTHIA STIER 

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Joint Proposed Pretrial Order

Case No. 4:17-cr-00034-02 JSW 5

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JOSE A. OLIVERA

Assistant U.S. Attorneys

/s

 

ERIK BABCOCK

Attorney for Brandon Jones 

SO ORDERED THIS ____ day of __________, 2019. 

____________________________________

HONORABLE JEFFREY S. WHITE

United States District Judge

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