FILED

United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

Clerk, U.S. District Court.

Eastern District of exas

UNITED STATES OF AMERICA §

§

versus § CRIMINAL NO. 4:23-CR-268

§

ROBBERTA MARIE KHAN §

SCHEDULING ORDER

It is ORDERED:

1. PRETRIAL DISCOVERY AND INSPECTION

A. Within five (5) days after the arraignment, or date of receipt of this Order by

Defendant, whichever occurs first, the United States Attorney or Assistant United States

Attorney prosecuting the case (hereinafter collectively United States Attorney ) and

Defendant s attorney shall confer; whereupon, the United States of America (hereinafter the

Government ) shall:

(1) Permit Defendant’s attorney to inspect and copy or photograph any relevant

written or recorded statements or confessions made by Defendant, or copies

thereof, within the possession, custody or control of the Government, the

existence of which is known, or by the exercise of due diligence may become

known, to the attorney for the Government;

(2) Permit Defendant’s attorney to inspect and copy or photograph that portion of any

written record containing the substance of any relevant oral statement made by

the Defendant whether before or after arrest in response to interrogation by any

person then known to Defendant to be a Gove ment agent;

(3) Permit Defendant’s attorney to inspect and copy or photograph any recorded

testimony of Defendant before a grand juiy which relates to the offense charged;

(4) Disclose to Defendant’s attorney the substance of any other relevant oral

statement made by Defendant whether before or after arrest in response to

interrogation by any person then known by Defendant to be a Government agent

if the Government intends to use that statement at trial;

(5) Disclose to Defendant any copy of Defendant’s prior criminal record, if any, as is

within the possession, custody, or control of the Government, the existence of

which is known, or by the exercise of due diligence may become known, to the

attorney for the Government, including the Federal Bureau of Investigation

Identification Sheet;
(6) Permit Defendant s attorney to inspect and copy or photograph books, papers,

docu ents, photographs, tangible objects, buildings or places, or copies or

portions thereof, which are within the possession, custody or control of the

Government, and which are material to the preparation of Defendant s defense or

are intended for use by the Government as evidence in chief at the trial, or were

obtained from or belong to Defendant;

(7) Permit Defendant’s attorney to inspect and copy or photograph any relevant

results or reports of physical or mental examinations, and of scientific tests or

experiments made in connections with the case, or copies thereof, within the

possession, custody or control of the Government, the existence of which is

known, or by the exercise of due diligence may become known to the atto ey for

the Government, and which are material to the preparation of the defense or are

intended for use by the Government as evidence in chief at the trial;

(8) Permit Defendant’s attorney to inspect, copy, or photograph any evidence within

the ambit of Brady v. M ryland (evidence which might tend to exculpate

Defendant, mitigate punishment, or impeach testimony which may be

determinative of Defendant’s guilt or innocence);

(9) Disclose to Defendant’s attorney evidence of Defendant’s other crimes, wrongs,

or acts which although inadmissible to prove Defendant’s bad character the

Government believes to be admissible for other purposes, such as proof of

motive, opportunity, intent, prep ration, plan, knowledge, identity or absence of

mistake or accident, concerning the instant charge; and

(10) Disclose to Defendant’s attorney a written summary of testimony the Government

intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence,

during its case in chief at trial, including witness opinions, bases and reasons

therefor, and the witnesses’ qualifications.

B. If, in the judgment of the United States Attorney, it would not be in the interests

of justice to make any one or more disclosures set forth in paragraph A and requested by

Defendant’s counsel, the declination shall be in writing, directed to Defendant’s counsel, and

signed personally by the United States Attorney, specifying the types of disclosures that are

declined. If Defendant seeks to challenge the declination, Defendant shall proceed pursuant to

paragraph C below.

C. If additional discovery or inspection is sought, Defendant’s attorney shall confer

with the appropriate United States Attorney within ten (10) days of the arraignment, or date of

receipt of this Order by Defendant, whichever occurs first, with a view to satisfying these

requests in a cooperative atmosphere without recourse to the Court. The request may be oral or

written, and the United States Attorney shall respond in a like manner.

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D. In the event Defendant thereafter moves for additional discovery or inspection,

Defendant s motion shall be filed within twenty (20) days after the arraignment, or date of

receipt of this Order by Defendant, whichever occurs first. It shall contain:

(1) the statement that the prescribed conference was held;

(2) the date of said conference;

(3) the name of the United States Atto ey with whom the conference was held; and

(4) the statement that agreement could not be reached concerning the discovery or

inspection that is the subject of Defendant s motion.

The Court cautions counsel that filing unnecessary motions may result in imposition of

sanctions. Counsel are to present by motion only enuine issues actually in dispute that counsel

are unable to resolve in conference.

E. Upon the Government’s compliance with the provisions of paragraph A of this

Order, Defendant shall permit the Government to inspect and copy or photograph:

(1) Books, papers, documents, photographs, tangible objects, or copies or portions

thereof, which are within the possession, custody, or control of Defendant and

which Defendant intends to introduce as evidence in chief at the trial; and

(2) Any results or reports of physical or mental examinations and of scientific tests or

experiments made in connection with the particular case, or copies thereof, within

the possession or control of Defendant, which Defendant intends to introduce as

evidence in chief at the trial or which were prepared by a witness whom

Defendant intends to call at the trial when the results or reports relate to that

witness’s testimony.

F. Any duty of disclosure and discovery set forth in this Order is a continuing one.

G. Any disclosure granted by the Government pursuant to this Order of material

within the purview of FED. R. CRIM. P. 16(a)(2) and 16(b) and FED. R. EVID. 404(b) shall be

considered as information requested by Defendant and granted by the Court.

II. OTHER DEFENSES, OBJECTIONS AND REQUESTS

Pursuant to Fed. R. CRIM. P. 12(c), the Court requires that any defense, objection or

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request capable of determination without trial of the general issue1 be raised by written motion in

the form required by FED. R. CRIM. P. 47. Any such motion shall be filed within twenty (20)

days from date of this order, and the Government shall respond within seven (7) days after

being served, unless the Court by separate order (e.g., an Order Setting Final Pre-Trial and

Trial or similar order) establishes an explicit deadline for filing and responding to a particular

type of motion. When specific deadlines established by separate Court order conflict with

general deadlines stated above, the separate order shall prevail and gove the parties.

III. COMPLIANCE

Failure to provide discovery and observe deadlines established in this order may result in

the imposition of sanctions. Failure to raise defenses or objections, or to make requests in

accordance with Sections I and II, shall constitute waiver thereof, but the Court for cause shown

may grant relief from the waiver.

So ORDERED and SIGNED this 12lh day of December, 2023.

KIMBERLY C. PRIEET JOHNSON

UNITED STATES MAGISTRATE JUDGE

1 These matters include all matters listed in RULES 12 (b), 12.1, 12.2, 12.3, 14, 15 and 16, FED.

R. CRIM. P., and include, without limitation, (1) defects in institution of prosecution; (2) defects in

indictment or information; (3) suppression of evidence; (4) alibi; (5) insanity or mental condition; (6)

defense based on public authority; (7) discovery; (8) depositions; (9) selective or vindictive prosecution;

(10) outrageous governmental misconduct; (11) misjoinder; (12) pre-indictment delay; (13) speedy trial;

(14) prejudicial publicity; (15) lack of personal jurisdiction; (16) Posse Comitatus Act, 18 U.S.C. 1385;

(17) recantation as a defense to perjury; (18) limitations; (19) double jeopardy; (20) multiple sentencing;

and (21) immunity. If the Federal Rules of Criminal Procedure, a federal statute, or other Order of the

Court establishes an earlier deadline than established in this Order, the earlier deadline shall overn the

parties.

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