United States v. Arambula

82 F. Supp. 3d 1316, 2014 U.S. Dist. LEXIS 181350, 2014 WL 7717615
CourtDistrict Court, D. New Mexico
DecidedDecember 29, 2014
DocketNo. 13-CR-3890-MV-2
StatusPublished
Cited by1 cases

This text of 82 F. Supp. 3d 1316 (United States v. Arambula) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Arambula, 82 F. Supp. 3d 1316, 2014 U.S. Dist. LEXIS 181350, 2014 WL 7717615 (D.N.M. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

MARTHA VÁZQUEZ, District Judge.

THIS MATTER comes before the Court on Defendant Erik Samuel Parra Arambu-la’s (“Parra”) Motion to Compel Specific Discovery [Doc. 64]. The Court, having considered the Motion, briefs, relevant law, and being otherwise fully informed, finds that the Motion is not well-taken and therefore will be denied.

BACKGROUND

On November 5, 2013, Task Force Officer (“TFO”) “Travis Chavez obtained a New Mexico Order” which permitted him “to acquire cellular GPS tracking data regarding” the T-Mobile cellphone number belonging to Parra. Doc. 64 at 1-2. This request formed part of a “year-long investigation of co-defendant Greg Cotinola by the Drug Enforcement Administration (DEA).” Doc. 66 at 2. “Two days later, on November 7, 2013” the DEA “initiated surveillance” of Parra “based on the GPS Coordinates [sic]” obtained from his mobile phone. Doc. 64 at 2. Later that day, after observing the itinerant Defendant for several hours, the DEA “detained, arrested, and questioned” Parra. Id. During this encounter, “agents observed inside the car a large bag that contained approximately 600 grams” of a substance that tested positive for methamphetamine. Doc. 66 at 2. Parra then consented to a search of his residence that yielded more methamphetamine and a bag that contained “$41,305.00 in U.S. currency.” Id.

Parra and his two co-defendants were later charged in a five-count Indictment; each of the three drug trafficking and conspiracy counts with which Defendant is charged arises out of his conduct on the day of his arrest. See Doc. 13. In the course of this litigation, the government has produced evidence to defense counsel, who responded “with an itemized list of 38 specific items of discovery” that it wanted in addition to the material that the government had already provided. Doc. 64 at 2. The government “subsequently produced [1318]*1318additional discovery in this case,” but the defense maintains that there is yet more material to which it is entitled. Id. These nine items form the basis of the instant dispute. Id. at 3. See also Doc. 66 at 7. For the reasons discussed below, Defendant is entitled to none of the requested materials, such that his motion will be denied in its entirety.

DISCUSSION

I. Applicable Law

Federal Rule of Criminal Procedure 16 provides in pertinent part that “[u]pon defendant’s request, the government must permit the defendant to inspect and to copy” documents “within the government’s possession, custody, or control” if “(i) the item is material to preparing the defense; (ii) the government intends to use the item in its case-in-chief at trial; or (iii) the item was obtained from or belongs to the defendant.” Fed.R.Crim.P. 16(a)(1)(E). However, a defendant is presumptively not entitled to “the discovery or inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agent in connection with investigating or prosecuting the case” or material covered by the Jencks Act. Fed.R.Crim.P. 16(a)(2). See also 18 U.S.C. '§ 3500. The Supreme Court has explained that, in the context of Rule 16, evidence “material to preparing the defense” refers specifically to arguments that respond “to the Government’s case in chief’ rather than simply any argument that might ultimately prevent a conviction. United States v. Armstrong, 517 U.S. 456, 462, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996). See also United States v. Lujan, 530 F.Supp.2d 1224, 1234 (D.N.M.2008) (“The term ‘defense’ means an argument in response to the prosecution’s casein-chief, i.e., an argument that refutes the government’s claims that the defendant committed the crime charged.”). Given this definition of materiality, nothing in Rule 16 or Armstrong conflicts with the government’s obligation under Brady and its progeny. See, e.g., Smith v. Cain, — U.S.—, 132 S.Ct. 627, 630, 181 L.Ed.2d 571 (2012) (“Under Brady, the State violates a defendant’s right to due process if it withholds evidence that is favorable to the defense and material to the defendant’s guilt or punishment.”) (emphasis added).

Where a defendant requests undisclosed evidence from the government, a “defendant must make a prima facie showing of materiality.” Lujan, 530 F.Supp.2d at 1234. However, “[n]either a general description of the information sought nor conclusory allegations of materiality suffice; a defendant must present facts which would tend to show that the Government is in possession of information helpful to the defense.” United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir.1990). While this burden is not a heavy one, “the defendant must make a specific request for the item together with an explanation of how it will be helpful to the defense.” United States v. Jordan, 316 F.3d 1215, 1250 (11th Cir.2003) (internal quotation marks omitted).

II. The Defendant’s Discovery Requests

In the interest of consistency, the Court will address the items enumerated by the Defendant in the same sets as presented in his Motion. See generally Doc. 64.

Request 1: Initial Debriefing Report of CS in October 2013 by TFO Travis Chavez regarding Erik Parra and Greg Cotinola

Request 2: Copy of Handwritten and/or Audio Notes Regarding Debriefing of the CS in October 2013 by TFO Travis Chavez regarding Erik Parra and Greg Cotinola

The Defendant has failed to show why he is entitled to either of these items. [1319]*1319To begin, the “Debriefing Report” and the “Handwritten and/or Audio Notes” fall within the exceptions articulated in Rule 16(a)(2). These “handwritten notes regarding the CS debriefing” and any report produced therefrom [Doc. 64 at 4] plainly are encompassed within the ambit of “reports, memoranda, or other internal government documents made by a government attorney or agent in connection with investigating or prosecuting the case.” Lujan, 530 F.Supp.2d at 1265 (holding that while Brady and the Jencks Act might demand disclosure of rough interview notes in certain instances, Rule 16 did not). See also United States v. Weaver, 992 F.Supp.2d 152, 160 (E.D.N.Y.2014) (“The government correctly notes that it need not produce notes from interviews with government trial witnesses unless those notes ‘contain material favorable to the defense,’ are a ‘substantially verbatim recital’ of the witness’ statement, or have been reviewed or adopted by the witness.”). To the extent that these notes contain Jencks material, this motion is not ripe; such material need only be disclosed after a government witness has testified. See 18 U.S.C. § 3500; Fed.R.Crim.P.

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Bluebook (online)
82 F. Supp. 3d 1316, 2014 U.S. Dist. LEXIS 181350, 2014 WL 7717615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arambula-nmd-2014.