D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial

Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018).

Defendant was granted a hearing as to what was heard in “plain hearing” for a motion to suppress, and he subpoenaed the AUSA. The subpoena is quashed for failure to comply with 28 C.F.R. §§ 16.21-16.29, and no offer of proof as to what is needed. For all it appears, the AUSA is subpoenaed merely because he is the prosecutor. United States v. Carey, 2018 U.S. Dist. LEXIS 112131 (S.D.Cal. July 6, 2018).*

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