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

Case 3:08-cr-00091-L

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KAREN P. HEWITT United States Attorney AARON B. CLARK Assistant U.S. Attorney California State Bar No. 239764 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-6787/(619) 235-2757 (Fax) Email: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. ISAAC NAVARRO-LOMELI, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Criminal Case No. 08CR0091-L DATE: February 19, 2008 TIME: 2:00 p.m. Before Honorable M. James Lorenz UNITED STATES' MOTION FOR: (1) (2) RECIPROCAL DISCOVERY; AND LEAVE TO FILE FURTHER MOTIONS

TOGETHER WITH STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES

COMES NOW the plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Karen P. Hewitt, United States Attorney, and Aaron B. Clark, Assistant U.S. Attorney, and hereby files its Motions in the above-referenced case. Said Motions are based upon the files and records of this case together with the attached statement of facts and memorandum of points and authorities. DATED: February 8, 2008. Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Aaron B. Clark AARON B. CLARK Assistant United States Attorney

Case 3:08-cr-00091-L

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KAREN P. HEWITT United States Attorney AARON B. CLARK Assistant U.S. Attorney California State Bar No. 239764 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-6787/(619) 235-2757 (Fax) Email: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) I STATEMENT OF THE CASE The Defendant, Isaac Navarro-Lomeli (hereinafter "Defendant"), was charged by a grand jury on January 9, 2008 with violating 21 U.S.C. §§ 952 and 960, importation of marijuana, and 21 U.S.C. § 841(a)(1), possession of marijuana with the intent to distribute. Defendant was arraigned on the Indictment on January 10, 2008, and entered a plea of not guilty. II STATEMENT OF FACTS Defendant was apprehended on the morning of November 28, 2007, by United States Customs and Border Protection ("CBP") Officers at the Calexico, California (West) Port of Entry. Criminal Case No. 08CR0091-L DATE: February 19, 2008 TIME: 2:00 p.m. Before Honorable M. James Lorenz UNITED STATES' STATEMENT OF FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES

11 Plaintiff, 12 v. 13 ISAAC NAVARRO-LOMELI, 14 Defendant(s). 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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There, Defendant entered the vehicle inspection lanes as the driver, sole occupant, and registered owner of a 1986 Dodge Ram ("the vehicle"). At primary inspection, Defendant provided a negative customs declaration and presented a valid Permanent Resident card to CBP Officer Huerta. He further stated he was headed to work. During his inspection of the vehicle at primary, Officer Huerta noticed an abnormality in the truck bed area: after tapping the bottom of the bed, he noticed that there was no vibration to the top of the bed. Officer Huerta thereafter escorted Defendant and the vehicle to the secondary lot. At secondary inspection, a Narcotic Detector Dog ("NDD") alerted to the bed of the vehicle. Further inspection of the vehicle ultimately revealed a non-factor compartment in the bed. The compartment contained 9 packages of marijuana, weighing a total of 46.46 kilograms (102.21 lbs.). A pat down of Defendant also revealed a small plastic bindle inside Defendant's wallet. The bindle contained an unweighable amount of cocaine. In a post-Miranda statement, Defendant admitted that he was paid $1500.00 to smuggle marijuana into the United States. III UNITED STATES' MOTION FOR RECIPROCAL DISCOVERY The United States hereby moves for reciprocal discovery from Defendants. To date Defendants have not provided any. The United States, pursuant to Rule 16 of the Federal Rules of Criminal Procedure, requests that Defendants permit the United States to inspect, copy, and photograph any and all books, papers, documents, photographs, tangible objects, or make copies of portions thereof, which are within the possession, custody or control of Defendants and which Defendants intend to introduce as evidence in their case-in-chief at trial. The United States 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 or control of Defendants, which Defendants intend to introduce as evidence-in-chief at the trial, or which were prepared by a

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witness whom Defendants intend to call as a witness. Because the United States will comply with Defendants' requests for delivery of reports of examinations, the United States is entitled to the items listed above under Rule 16(b)(1) of the Federal Rules of Criminal Procedure. The Government also requests a written summary of the names, anticipated testimony, and bases for opinions of experts the defendant intends to call at trial under Rules 702, 703, and 705 of the Federal Rules of Evidence. The United States also requests that the Court make such order as it deems necessary under Rules 16(d)(1) and (2) to ensure that the United States receives the discovery to which it is entitled. In addition, Rule 26.2 of the Federal Rules of Criminal Procedure requires the production of prior statements of all witnesses, except a statement made by defendants. This rule thus provides for the reciprocal production of Jencks statements. The time frame established by the rule requires the statement to be provided after the witness has testified. To expedite trial proceedings, the United States hereby requests that Defendants be ordered to supply 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/or reports. IV LEAVE TO FILE FURTHER MOTIONS Should new information or legal issues arise, the United States respectfully requests the opportunity to file such further motions as may be appropriate. // // // // // //

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: February 8, 2008.

IV CONCLUSION For the foregoing reasons, the government respectfully requests that Defendant's motions, except where not opposed, be denied.

Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Aaron B. Clark AARON B. CLARK Assistant United States Attorney

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1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ Aaron B. Clark AARON B. CLARK IT IS HEREBY CERTIFIED THAT: I, AARON B. CLARK, 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 UNITED STATES' MOTIONS on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. 1. Robert Henssler, Esq. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 8, 2008. v. ISAAC NAVARRO-LOMELI, Defendant(s). UNITED STATES OF AMERICA, Plaintiff Case No. 08CR0091-L CERTIFICATE OF SERVICE