USA v. Stanko
Criminal

District of Nebraska, ned-8:2005-cr-00093-34318

ORDER - The government's motion to quash the subpoena issued on Grant County Attorney A. James Moravek, Filing No. {{569}}, is granted as to Rudolph George Stanko. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)

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8:05-cr-00093-JFB-FG3 Doc # 574 Filed: 08/19/13 Page 1 of 1 - Page ID # 4209 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, 8:05CR93 vs. ORDER RUDOLPH GEORGE STANKO, Defendant. This matter is before the court on the government's motion pursuant to Fed. R. Crim. P. 17(c)(2) to quash the subpoena served upon A. James Moravek for testimony at the hearing on defendant's supervised release scheduled for August 21, 2013. Filing No. 569. The government contends that Mr. Moravek served as the county attorney in one of the cases at issue in defendant's supervised release hearing. The government argues that the facts supporting the allegations in the upcoming supervised release hearing have nothing to do with Grant County, and in particular County Attorney Moravek. Thus, there is nothing of relevance in this testimony. The court has carefully reviewed the record and agrees with the government. This evidence is not relevant to the charges that will be considered at the August 21, 2013, hearing. Additionally, the court would be unlikely to call a county attorney to testify, absent a compelling reason. Accordingly, the court will grant the motion to quash. THEREFORE, IT IS ORDERED that the government's motion to quash the subpoena issued on Grant County Attorney A. James Moravek, Filing No. 569, is granted. Dated this 19th day of August, 2013. BY THE COURT: s/ Joseph F. Bataillon United States District Judge