United States v. Nix

251 F. Supp. 3d 555, 2017 WL 1749614, 2017 U.S. Dist. LEXIS 68729
CourtDistrict Court, W.D. New York
DecidedMay 3, 2017
Docket6:14-CR-06181 EAW
StatusPublished
Cited by3 cases

This text of 251 F. Supp. 3d 555 (United States v. Nix) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Nix, 251 F. Supp. 3d 555, 2017 WL 1749614, 2017 U.S. Dist. LEXIS 68729 (W.D.N.Y. 2017).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

Defendants Matthew Nix and Earl McCoy (“Defendants”) were charged in a Third Superseding Indictment returned on January 5, 2017, with 12 counts alleging violations of the Hobbs Act, 18 U.S.C. § 1951(a), and related firearms and narcotics charges, all in connection with a spree of home invasions during 2014. (Dkt. 165). Trial commenced on February 18, 2017, and concluded on March 17, 2017, with the jury convicting Defendants on all 12 counts. (Dkt. 229; Dkt. 266; Dkt. 267). Sentencing is scheduled for July 12, 2017. (Dkt. 265).

Presently before the Court are the Government’s motions to quash (Dkt. 272; Dkt. 279) various subpoenas served by Defendants purportedly pursuant to Fed. R. Crim. P. 17, following return of the jury verdict. With no prior Court approval, Defendants arranged to serve nine separate subpoenas endorsed with the signature of the Clerk of the Court, making the subpoenas returnable at the undersigned’s Chambers on random dates and times unilaterally selected by defense counsel. Because Defendants have failed to comply with both the procedural and substantive requirements of Rule 17(c), the Government’s motions to quash are granted.

THE POST-VERDICT SUBPOENAS ISSUED BY DEFENDANTS

On March 28, 2017, the Government filed a motion to quash a subpoena served by defendant Earl McCoy (“McCoy”) on FBI Special Agent Matthew Allen, the case agent who was present at the Government’s table during the trial. (Dkt. 272). The subpoena, signed by the Clerk of Court, purported to command Agent Allen to appear at the undersigned’s Chambers on March 29, 2017, at 10:00 AM, and to produce at that time and place the following documents:

All results from background checks, DCJS reports, NCIC reports, FBI reports criminal reports, “rap sheets”, or any other data, reports or other records concerning the panel of prospective jurors summoned for jury selection in the trial of “United States vs. Matthew Nix and Earl McCoy”, criminal action No. 14-CR-6181 on the 13th day of February, 2017. If no such of the foregoing exists, or have [sic] been destroyed, please provide in the alternative a sworn statement so stating and a list of those items which have been destroyed. Also, please provide a statement providing the NCIC, DCJS and/or FBI user name of Special Agent Matthew Allen, or the individual who obtained the records with respect to “T.P.”1 on or about February 13, 2017.

[558]*558(Dkt. 282-1). In support of its motion to quash, the Government argues that the subpoena was issued in violation of Fed. R. Grim. P. 17, and it also argues that the subpoena sought documentation outside the scope of Fed, R. Crim. P. 16 and invaded the Government’s mental processes and work product. (Dkt. 282 at 2-4).2 The Court granted the Government’s request to stay compliance with the subpoena until the motion to quash was resolved (Dkt. 273), and a status conference was held on March 29, 2017.

At the status conference, it, was revealed that a number of additional subpoenas had been served on behalf of defendant Matthew Nix (“Nix”) following the return of the jury verdict. Nix’s counsel was directed to provide the Court and the Government with copies of any post-verdict subpoenas, and the Court set a deadline of March 31, 2017, for the Government to file any additional motion to quash directed to the additional subpoenas. (Dkt. 274).

In accordance with this schedule, the Government filed a motion to quash the additional eight subpoenas served on behalf of Nix (Dkt. 279), as follows:

1.Subpoena directed to Facebook, Inc. (Dkt. 279-1 at 5-7), returnable to the undersigned’s Chambers on March 29, 2017, at 9:30 AM, seeking, in sum and substance:
(a)material related to the Instagram Account “itsjusdifferent” (My Plan B Makes Plan A Work), during the time period of the trial in this case;
(b) any subpoena or communication from the FBI, U.S. Attorney’s Office, or other governmental entity, in relation to the Instagram accounts “1) its_jusdifferent_2) k_thebadl 3) meech_iz_holdan”;
(c) data or metadata relating to any profile name change of the Instagram account “its_jusdifferent_”;
(d) any subpoena or communication from the FBI, U.S. Attorney’s Office, or other governmental entity, in relation to the Facebook accounts “Meech IZ Holdan” and “Jecovius Barnes.”
2. Subpoena directed to the New York State Division of Criminal Justice Services (id. at 9-10), returnable to the undersigned’s Chambers on March 23, 2017, at 8:30 AM, seeking, in sum and substance, documents concerning any records search on February 13, 2017, concerning excused prospective juror T.P., and if no such inquiry or records request was made, confirmation of the same.
3. Subpoena directed to the FBI (id. at 12-13), returnable to the undersigned’s Chambers on March 23, 2017, at 8:30 AM, seeking, in sum and substance, documents concerning any records search on February 13, 2017, concerning excused prospective juror T.P.; and if no such inquiry or records request was made, confirmation of the same.
4. Subpoena directed to the Seneca County Jail (id. at 15-16), returnable to the undersigned’s Chambers on [559]*559March 23, 2017, at :8:30 AM, seeking, in sum and substance, any records of jail phone calls, including audio recordings, and correspondence involving Clarence Lambert while housed- at that facility in 2014 through 2015, and any records of requests by way of subpoena or search warrant for the same.
5. Subpoena directed tó T-Mobile USA, Inc. (id. at 18-19), returnable to the undersigned’s Chambers on March 29, 2017, at 8:30 AM,.seeking, in sum and substance, communications with the FBI, U.S. Attorney’s office, or other governmental agency, concerning four separate telephone numbers.
6. Subpoena directed to Verizon (id. at 21-22), returnable to the undersigned’s Chambers on March 31, 2017, at 8:30 AM, seeking, in sum and substance, communications with the FBI, U.S.Attorney’s office, or other governmental agency, concerning six. separate telephone numbers.
7. Subpoena directed to AT&T (id. at 24-25), returnable' to the undersigned’s Chambers on March 29, 2017, at 8:30 AM, seeking, in sum and substance, communications with the FBI, U.S.Attorney’s office, or othér governmental agency, concerning one telephone number.
8. Subpoena directed to Sprint (id. at 27-28), returnable to the undersigned’s Chambers on March 31, 2017, at 8:30 AM, seeking, in sum and substance, communications with the FBI, U.S.Attorney’s office, or other governmental agency, concerning one telephone number.

(Dkt. 283-1). Before the status conference on March 29, 2017, the Court had received responses to two of the aboye subpoenas, from the New York State Division of Criminal Justice Services' and the Seneca County Sheriff (referenced above at numbers 2 and 4).

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Cite This Page — Counsel Stack

Bluebook (online)
251 F. Supp. 3d 555, 2017 WL 1749614, 2017 U.S. Dist. LEXIS 68729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nix-nywd-2017.