USA v. Merchant

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
-against-
ASIF MERCHANT,
Defendant.
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MEMORANDUM & ORDER
24-CR-362(EK)
ERIC KOMITEE, United States District Judge:
The government is seeking a pretrial ruling on two
motions in limine. 	Both motions are opposed. 	The government is
directed to respond to the defendant’s opposition as follows.
The government’s first motion seeks authorization to
protect the identity of a confidential source. 	In response, the
defense has taken issue with the authority the government
invokes. 	One cited order in particular, the defense argues,
“does not exist” (referring to United States v. Garcia Luna, 19-
CR-576 (E.D.N.Y. Dec. 28, 2022)), and another refers to a
“purported transcript” that “does not exist.” 	Pretrial Tr. 22,
United States v. Mitrani, No. 25-CR-39 (E.D.N.Y. Nov. 13, 2025).
The government should, as soon as practicable, provide
additional material sufficient to allow the defense and the
Court to assess the persuasive import of Garcia Luna and
Mitrani.
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The second motion seeks authorization to authenticate
certain “device extractions” and reports thereof via
certification pursuant to Federal Rule of Evidence 902. 	The
defendant opposes this motion on the basis that “none of the
declarations identifies the specific software used to extract
data from the devices or generate the reports or provides
evidence that the process is reliable.” 	ECF 118, at 2 (citing
Fed. R. Evidence 902(11) and (12) (2000 advisory committee
note). 	The government should respond to this submission, too,
as soon as practicable and, if they choose, submit an updated
certification to address what the defense calls the shortcomings
in the existing submission.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 15, 2026
Brooklyn, New York
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