United States of America v. Pouncy et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Case No: 23-20262
Plaintiff, 	Hon. F. Kay Behm
U.S. District Judge
v.
D-1 OMAR RASHAD POUNCY,
Defendant.
________________________________/
ORDER GRANTING TEMPORARY PROTECTIVE ORDER AND
STAYING CASE DEADLINES
The United States of America has filed a motion to adjourn certain
pretrial dates and trial in this matter. ECF No. 367. In their motion,
they ask that the court enter a protective order under Federal Rule of
Criminal Procedure 16(d)(1) restricting Defendant Omar Pouncy from
disclosing any discovery materials to any third person other than his
current court-appointed stand-by counsel Christopher Quinn and
Edward Bajoka, pending the court’s decision on Mr. Harrell Milhouse’s
motion to substitute in as “retained” counsel. 	Id. at PageID.2932.
The court gave Mr. Pouncy until October 21, 2025, to file a
response, and has set the date for hearing this motion October 29,
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2025.1 	No response has been received from Mr. Pouncy.2
Protective orders in criminal cases are not uncommon, and the
Federal Rules of Criminal Procedure provide that “[a]t any time the
court may, for good cause, deny, restrict, or defer discovery or
inspection, or grant other appropriate relief.” 	Fed. R. Crim. P. 16(d);
United States v. O’Keefe, No. CRIM. 06-0249 (PLF), 2007 WL 1239204,
at *2 (D.D.C. Apr. 27, 2007).
In determining whether to make a protective order, the court will
take into account such considerations as the safety of witnesses and
others and a particular danger of perjury or witness intimidation. Fed.
R. Crim. P. 16 advisory committee’s note to 1966 amendment; Wright &
Miller, 2 Federal Practice and Procedure § 262 (4th ed. 2025) (“The
1 The date for hearing on these motions was originally November 4, 2025, but
due to a number of new pending motions by Defendant, including his pending
motion to substitute counsel, and the Government’s motion to adjourn deadlines,
the court thought it prudent to set the first available date for the court and the
parties.
2 Mr. Milhouse alleges this is because Mr. Pouncy has not received the motion
and “lacks the ability to respond.” ECF No. 386, PageID.3071. The court takes the
point under consideration and Mr. Pouncy will have an opportunity to make
arguments as to why the court should lift or otherwise terminate this protective
order at the hearing on October 29, 2025. Per the court’s order, both appointed
standby counsel and Mr. Milhouse filed responses.
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discretion provided to the trial court by Rule 16(d)(1) is vast.”).
Pending final resolution of the motion at or following the hearing
on October 29, 2025, the court finds good cause to temporarily enter an
order to prevent witness intimidation, GRANTS a temporary protective
order under Fed. R. Crim. P. 16(d)(1), and enters a temporary stay as to
the current pending deadlines in this case.
It is hereby ORDERED that:
Neither Defendant Omar Pouncy nor standby counsel Mr. Quinn
or Mr. Bajoka may disclose any discovery materials to any third person
other than Mr. Pouncy’s current court-appointed stand-by counsel
Christopher Quinn and Edward Bajoka.
It is FURTHER ORDERED that the following dates, with their
current dates listed for reference only, are STAYED pending full
resolution of the order to adjourn and/or a revised scheduling order
following the hearing on October 29, 2025:
Plea Cut-off 	Oct. 14, 2025, by 5:00 PM
Witness Lists, Proposed Voir Dire,
Proposed Jury Instructions and
Verdict Form, and Trial Briefs
Oct. 14, 2025, by 5:00 PM
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SO ORDERED.
Date: October 22, 2025 	s/F. Kay Behm
F. Kay Behm
United States District Judge
(submitted via CM/ECF “Utilities”
function)
Motions in Limine and other objections
to witness lists, proposed voir dire,
jury instructions, and verdict form
Oct. 28, 2025, by 5:00 PM
Final Pretrial Conference and Lafler
Hearing
Nov. 4, 2025 at 1:00 PM
Trial Date 	Nov. 18, 2025 at 9:00 AM
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