Does a motion to strike a portion of the government's supplemental excerpts of record relating to the qualifications of defense counsel be judicially noticed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rice, 937 F.2d 614 (9th Cir. 1991):

1 The qualifications of defense counsel could be judicially noticed pursuant to Federal Rule of Evidence 201(b). Likewise, the correspondence contained within the government's supplemental excerpts of record was before the district court, although the court never made any findings of fact regarding authorship of the plea agreement. Thus, some of the material might be properly before this court. However, these items have no relevance to the issues raised on appeal. Accordingly, we grant the motion to strike these items as well. Cf. Michenfelder v. Sumner, 860 F.2d 328, 338 (9th Cir.1988).

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