4:25-cr-00173•USA v. Cowherd
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI UNITED STATES OF AMERICA Plaintiff, -vs- Criminal Action No. 25-00173-01-CR-W-BP ERIC A. COWHERD, Defendant. _____________________________________ MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE The following matters were discussed and action taken during the pretrial conference: PENDING CHARGES: Count One: Possession with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) Count Two: Possession of a Firearm in Furtherance of Drug Trafficking, in violation of 18 U.S.C. § 924(c)(1)(A) Count Three: Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8) TRIAL COUNSEL: Government: Robert Smith Case Agent: Detective Josh Gena – Independence, Missouri Police Department Defense: Marc Ermine; Investigator Gina Slack may assist OUTSTANDING MOTIONS: None ANTICIPATED MOTIONS: None TRIAL WITNESSES: Government: 4-5 with stipulations; 7 without stipulations Defense: 2 witnesses; it is unknown whether Defendant will testify TRIAL EXHIBITS: Government: 20 exhibits Defense: no additional exhibits DEFENSES: ( x ) defense of general denial ( ) defenses of general denial and _________________________________________ Case 4:25-cr-00173-BP Document 28 Filed 02/18/26 Page 1 of 2
2 POSSIBLE DISPOSITION: ( ) Definitely for trial ( ) Possibly for trial ( ) Motion to continue to be filed ( x ) Likely a plea will be worked out TRIAL TIME: 2 days Government’s case including jury selection: 1 ½ days Defense case: ½ day STIPULATIONS: ( ) not likely ( ) not appropriate ( x ) would be proposed as to: ( ) chain of custody ( ) chemist’s reports ( x ) prior felony conviction ( x ) interstate nexus of firearm ( ) other: ______________________________________________________ UNUSUAL QUESTIONS OF LAW: None FILING DEADLINES: Witness and Exhibit Lists: Government: March 2, 2026 Defense: March 2, 2026 Counsel are requested to list witnesses in alphabetical order on their witness list. Exhibit Index, Voir Dire, Jury Instructions: March 2, 2026 Jury instructions must comply with Local Rule 51.1 Motions in Limine: March 2, 2026 TRIAL SETTING: Criminal jury trial docket commencing March 16, 2026 Please note: No conflicts with the March trial docket were identified. OTHER: ( ) A _____________________-speaking interpreter is required. ( ) Other assistive devices: IT IS SO ORDERED. /s/ Jill A. Morris JILL A. MORRIS United States Magistrate Judge Case 4:25-cr-00173-BP Document 28 Filed 02/18/26 Page 2 of 2
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