United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Jeff North's
(“Defendant”) Motion to File Out of Time
(“Motion to File”)  and Motion to Preclude
GunShot Residue Analysis Opinion Evidence (the “Daubert
26, 2016, a grand jury in the Northern District of Georgia
returned a three-count indictment  charging Defendant
with Carjacking in violation of 18 U.S.C. § 2119(1)
(Count 1); Discharging a Firearm During a Federal Crime of
Violence in violation of 18 U.S.C. §§
924(c)(1)(A)(i), (ii), and (iii) (Count 2); and Possession of
a Firearm by a Convicted Felon in violation of 18 U.S.C.
§§ 922(g)(1) and 9224(e) (Count 3). The Indictment
alleges that, on or about March 23, 2015, Defendant shot
Johnny Dansby and stole his vehicle.
March 23, 2015, swabs from Defendant's hands were
submitted to the Georgia Bureau of Investigation, Division of
Forensic Sciences for a gunshot residue (“GSR”)
analysis. The sealed samples were later analyzed by
Microanalyst Alexander Covin. Mr. Covin completed an official
report detailing the method of analysis, results, and
conclusions. ([97.1]). Mr. Covin's primary trainer and
Manager and Acting Director of the Trace Evidence Section,
Michael McCarriagher, independently reviewed the evidence,
report, and all associated documentation. (Id.).
report was provided to Defendant at his arraignment hearing
on September 9, 2016. The report states that the samples
taken from Defendant's hands were tested for the presence
of particles characteristic of GSR. It details the test
method used (“scanning electron microscopy/energy
dispersive x-ray spectroscopy”) and summarizes the
results (the examination “revealed three particles
characteristic of GSR”). It also summarized the
analysts' opinion that the examination of the samples:
revealed the presence of particles characteristic of [GSR].
This supports the possibility that the individual discharged
a firearm, was in close proximity to a firearm upon
discharge, or came into contact with an item whose surface
September 20, 2017, the Court ordered  that this case be
placed on the Court's December 5, 2017 trial calendar.
The Court further ordered that the parties file, by October
16, 2017, motions in limine and motions to exclude
evidence or testimony.
October 20, 2017, the Government officially noticed Mr.
McCarriagher and Mr. Covin as experts who would testify in
the area of gunshot residue and provided copies of their CVs.
The Government also provided backup notes, data, and other
information. (See [97.4]).
November 13, 2017, Defendant filed his Motion to File, 
in which he moved for leave to file the Daubert Motion beyond
the October 16, 2017, deadline. The Defendant attached his
Daubert Motion [94.1] to the Motion to File. In his Daubert
Motion, Defendant argues that the Government's
disclosures related to the GSR analysis fail to comply with
Rule 16 of the Federal Rules of Criminal Procedure. He also
seeks discovery and a hearing regarding the admissibility of
Mr. McCarriagher's testimony under Rule 702 of the Federal
Rules of Evidence.
docket entry on November 13, 2017, the Court ordered that the
Government respond to the Motion to File by noon on November
November 16, 2017, the Government responded to the ...