MAGISTRATE JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

Senior Judge Raner C. Collins Date: May 28, 2019 

USA v. Scott Daniel Warren Case Number: CR-18-00223-001-TUC-RCC (DTF) 

Assistant U.S. Attorney: Anna Wright and Nathaniel Walters 

Attorney for Defendant: Gregory Kuykendall and Amy Knight, Retained 

Interpreter: N/A 

Deputy Clerk: Sherry Gammon 

Court Reporter: Erica McQuillen 

Defendant: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ 

MOTION HEARING: 

 

Matter comes before the Court for a Motion Hearing re: Motion for Ruling on Objections and Exhibits 

to Videotaped Witness Testimony (Doc. 205) filed by the Government, Motion in Limine Regarding 

Evidence Related to RFRA Defense (Doc. 214) filed by the Government, Motion in Limine to Preclude 

Certain Defense Witnesses (Doc. 215) filed by the Government, Motion in Limine to Preclude 

Defendant from Arguing Jury Nullification (Doc. 216) filed by the Government, Motion in Limine to 

Preclude Irrelevant Evidence (Doc. 217) filed by the Government, Motion in Limine to Preclude 

Defendant from Introducing Self-Serving Hearsay Statements (Doc. 218) filed by the Government, 

Motion in Limine to Preclude Evidence or Argument Regarding Selective Enforcement (Doc. 220) 

filed by the Government, Motion in Limine to Preclude Evidence of Marijuana Pipe (Doc. 224) filed by 

the Defendant, Motion in Limine to Exclude Evidence or Argument about Assertion of Constitutional 

Rights as Evidence of Criminal Activity (Doc. 225) filed by the Defendant and Motion to Exclude 

Government Witnesses (Doc. 227) filed by the Defendant. 

Counsel present argument to the Court and the Court rules as follows: 

The Government’s Motion 205 is Granted in Part and Denied in Part. The Government’s objections 

raised in the motion are overruled. Government’s exhibits 1, 2, 3 and 4 may be admitted subject to the 

conditions as discussed on the record. Defense counsel withdraws objection to the admission of 

Government’s exhibit 25. Government exhibits 52, 53 and 54 may be admitted subject to the conditions 

as discussed on the record. Defense counsel’s continuing objection is noted for the record. The 

objection of the issue of the defendant’s use of Spanish to communicate with an illegal alien is 

overruled. 

The Government’s Motion 214 is DENIED subject to the evidence presented in the Defendant’s case in 

chief. 

The Government’s Motion 215 is held in abeyance until such time as each witness is called. 

The Government’s Motion 216 is taken Under Advisement. 

The Government’s Motion 217 is taken Under Advisement pending the Court’s review of the video as 

discussed on the record. 

The Government’s Motion 218 is held in abeyance pending the defendant’s testimony. 

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USA v. Scott Daniel Warren Date: May 28, 2019 

Case Number: CR-18-00223-001-TUC-RCC (BPV) Page 2 of 2 

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The Government’s Motion 220 is held in abeyance pending the defendant’s testimony. 

Defense Motion 224 is Granted. 

Defense Motion 225 is taken Under Advisement pending the Court’s review of the evidence. 

Defense Motion 227 is Granted. The Government does not intend to call the witnesses of concern. 

The Court addresses preliminary jury instructions and courtroom decorum. The Court intends to have 3 

alternates. Counsel agree to alternating strikes and the last 3 jurors selected to be designated as 

alternates. 

 Motion Hearing 1 hour 8 minutes 

Start: 1:30 p.m. 

Stop: 2:38 p.m. 

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