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

Case 3:07-cr-03157-JLS

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Filed 02/01/2008

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KAREN P. HEWITT United States Attorney STEVEN DE SALVO Assistant U.S. Attorney California State Bar No. 199904 [email protected] United States Office Building 880 Front Street, Room 6293 San Diego, California 92101 Telephone: (619) 557-7032 Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) Criminal Case No. 07CR3157-JLS ) Plaintiff, ) DATE: February 8, 2008 ) TIME: 1:30 p.m. v. ) ) GOVERNMENT'S MOTION FOR ) RECIPROCAL DISCOVERY AND FOR ) FINGERPRINT EXEMPLARS LUIS BRAVO-GONZALEZ, ) ) Defendant. ) ) ) ____________________________________) COMES NOW the plaintiff, UNITED STATES OF AMERICA, by and through its counsel,

18 Karen P. Hewitt, United States Attorney, and Steven De Salvo, Assistant United States Attorney, 19 and hereby files its MOTION FOR RECIPROCAL DISCOVERY AND FINGERPRINT 20 EXEMPLARS. Said motion is based upon the files and records of the case, and argument. 21 22 23 24 25 26 27 28

Case 3:07-cr-03157-JLS

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I. RECIPROCAL DISCOVERY The Government hereby requests the defendant to deliver all material to which the Government may be entitled under Fed. R. Crim. P. 16(b) and 26.2. II. THE UNITED STATES'S MOTION FOR FINGERPRINT EXEMPLARS SHOULD BE GRANTED Part of the United States' burden of proof in this case is to satisfy the jury that the

8 Defendant is the same individual who was deported from the United States to Mexico. To 9 make that showing, the United States will call an expert in fingerprint identification to testify 10 that the Defendant is in fact the individual whose fingerprints appear on the warrant of 11 deportation. The most efficient and conclusive manner of establishing this information is to 12 permit the expert witness himself to take a set of Defendant's fingerprints for comparison. 13 Defendant's fingerprints are not testimonial evidence. See Schmerber v. California, 384 U.S. 14 757 (1966). Using identifying physical characteristics, such as fingerprints, does not violate 15 Defendant's Fifth Amendment right against self-incrimination. See United States v. DePalma, 414 16 F.2d 394, 397 (9th Cir. 1969); Woods v. United States, 397 F.2d 156 (9th Cir. 1968). The United 17 States therefore respectfully requests that the Court order that Defendant make himself available 18 for fingerprinting by the United States' fingerprint expert. 19 III. 20 CONCLUSION 21 For the foregoing reasons, the Government respectfully requests reciprocal discovery and 22 fingerprint exemplars.. 23 DATED: February 1, 2008 24 25 26 27 28 2 KAREN P. HEWITT United States Attorney s/ Steven De Salvo STEVEN DE SALVO Assistant U.S. Attorney [email protected] 07CR3157-JLS Respectfully submitted,

Case 3:07-cr-03157-JLS

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Filed 02/01/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. 07CR3157-JLS

CERTIFICATE OF SERVICE

LUIS BRAVO-GONZALEZ, Defendant. IT IS HEREBY CERTIFIED THAT:

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 07CR3157-JLS Shaffy Moeel Federal Defenders of San Diego 225 Broadway Suite 900 San Diego, CA 92101-5008 (619)234-8467 Fax: (619) 687-2666 Email: [email protected] I declare under penalty of perjury that the foregoing is true and correct. Executed on February 1, 2008 s/ Steven De Salvo STEVEN DE SALVO I, STEVEN DESALVO, 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 MOTION FOR RECIPROCAL DISCOVERY AND FINGERPRINT EXEMPLARS on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them.