Free Motion for Reciprocal Discovery - District Court of California - California

Case 3:08-cr-02204-IEG

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Filed 08/04/2008

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KAREN P. HEWITT United States Attorney CAROLINE P. HAN Assistant U.S. Attorney California State Bar No. 250301 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Phone: (619) 557-5220 Fax: (619) 235-2757 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT

19 SOUTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 28 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ERNESTO VALDES, JR., ) ) Defendant. ) ) ) ) Criminal Case No. 08CR2204-IEG GOVERNMENT'S MOTION FOR RECIPROCAL DISCOVERY:

Date: August 11, 2008 Time: 2:00 p.m. Court: The Hon. Irma E. Gonzalez

COMES NOW the plaintiff, UNITED STATES OF AMERICA, by and through its counsel, United States Attorney, Karen P. Hewitt, and Assistant U.S. Attorney Caroline P. Han, and hereby files its Motion for Reciprocal Discovery. This Motion is based upon the files and records of this case, together with the attached Statement of Facts and Memorandum of Points and Authorities. // // // // // //

Criminal Case No. 08CR2204-IEG

Case 3:08-cr-02204-IEG

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Filed 08/04/2008

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I STATEMENT OF FACTS 12 On June 5, 2008 at approximately 8:33 am, the defendant attempted to enter the United 13 States at the Calexico West Port of Entry as the driver and sole visible occupant of a 2000 Toyota 14 Tacoma truck bearing California license plate 8P69809. During primary inspection, Customs and 15 Border Protection (CBP) Inspector Ramos observed that the defendant provided him with a copy 16 of his U.S. Passport. Inspector Ramos observed that the defendant provided a negative customs 17 declaration, and observed that the defendant told him that he was dropping off his mom in Mexicali 18 because one of his relatives was sick. The defendant also stated that he was going to San Diego. 19 Inspector Ramos then tapped the spare tire, and observed that it felt solid. In addition, Inspector 20 Ramos observed that there was only one key on the key chain in the ignition. Thereafter, Inspector 21 Ramos referred the defendant to secondary inspection. 22 During secondary inspection, CBP Inspector Tarin observed that the defendant again gave 23 a negative customs declaration. Inspector Tarin asked the defendant about the vehicle, where the 24 defendant resided and the purpose of his travel. The defendant responded that he had owned the 25 vehicle for two weeks that he resides in San Diego. The defendant also added that he had gone to 26 Mexicali to drop off his mother because his grandmother had died. Inspector Tarin also observed 27 that the spare tire tapped solid. In addition, a narcotics detector dog alerted to the defendant's 28 vehicle. The defendant then patted down for weapons and taken into an office. Inspector Tarin eventually punctured the tire, and observed that there were 20 packages containing a substance appearing to be cocaine therein. The packages weighed approximately 23.76 kilograms or 52.27 pounds. Thereafter, the defendant was placed under arrest. The defendant was advised of his Miranda rights and invoked his right to remain silent.

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Criminal Case No. 08CR2204-IEG

Case 3:08-cr-02204-IEG

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Filed 08/04/2008

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II GOVERNMENT'S MOTION FOR RECIPROCAL DISCOVERY 12 (1) All Evidence That The Defendant Intend To Introduce In Their Cases-In13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Rule 26.2 provides for the reciprocal production of Jencks material. Rule 26.2 requires 28 production of the prior statements of all witnesses, except a statement made by the defendant. The time frame established by Rule 26.2 requires the statements to be provided to the Government after the witness has testified. However, to expedite trial proceedings, the Government hereby requests that the defendant be ordered to provide all prior statements of defense witnesses by a reasonable date before trial to be set by the Court. Such an order should include any form in which these statements are memorialized, including but not limited to, tape recordings, handwritten or typed notes and reports. Chief Since the Government will honor the defendant's requests for disclosure under Rule 16(a)(1)(E), the Government is entitled to reciprocal discovery under Rule 16(b)(1). Pursuant to Rule 16(b)(1), requests that the defendant, photographs, tangible objects, or make copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intend to introduce as evidence in his case-in-chief at trial. The Government further requests that it be permitted to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, which are in the possession and control of the defendant, which they intend to introduce as evidence-in-chief at the trial, or which were prepared by a witness whom the defendant intend to call as a witness. The Government also requests that the Court make such order as it deems necessary under Rules 16(d)(1) and (2) to ensure that the Government receives the reciprocal discovery to which it is entitled. (2) Reciprocal Jencks ­ Statements By Defense Witnesses (Other Than The Defendant)

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Criminal Case No. 08CR2204-IEG

Case 3:08-cr-02204-IEG

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III CONCLUSION 12 For the foregoing reasons, the Government requests that the Court deny the defendant's 13 motions, except where unopposed, and grant the Government's motion for reciprocal discovery. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: August 4, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney /s/ Caroline P. Han CAROLINE P. HAN Assistant United States Attorney Attorneys for Plaintiff United States of America

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Criminal Case No. 08CR2204-IEG

Case 3:08-cr-02204-IEG

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Filed 08/04/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY CERTIFIED THAT: I, Caroline P. Han, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of GOVERNMENT'S MOTION FOR RECIPROCAL DISCOVERY on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them: Michelle Betancourt Attorney for the defendant I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants on this case: None the last known address, at which place there is delivery service of mail from the United States Postal Service. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 4, 2008. /s/ Caroline v. ERNESTO VALDES, JR., UNITED STATES OF AMERICA, ) Criminal Case No. 08CR2204-IEG ) Plaintiff, ) ) CERTIFICATE OF SERVICE ) ) ) Defendant. ) ) )

P. Han

CAROLINE P. HAN

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Criminal Case No. 08CR2204-IEG