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United States v. Jimenez

United States District Court, N.D. Texas, Amarillo Division

July 26, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MOISES JIMENEZ Defendant.

          MEMORANDUM OPINION AND ORDER

          SIDNEY A. FITZWATER, UNITED STATES DISTRICT JUDGE

         In this memorandum opinion and order, the court addresses three motions for discovery filed by defendant Moises Jimenez (“Jimenez”) and a motion for discovery filed by the government. Jimenez is charged in count one of a three-count indictment with the offense of distribution and possession with an intent to distribute a mixture and substance containing a detectable amount of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); in count two with the offense of distribution and possession with an intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii); and in count three with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A).

         The following motions are pending for decision: Jimenez's January 17, 2017 discovery motions; Jimenez's January 17, 2017 motion for discovery and inspection under Rule 16(a)(1)(G); Jimenez's January 17, 2017 discovery motion-extraneous acts; and the government's June 26, 2017 motion for discovery. The trial is set for August 21, 2017.

         I

         In Jimenez's January 17, 2017 discovery motions, he moves for 13 categories (including subcategories) of discovery. The court has organized some of Jimenez's categories of evidence into subcategories for purposes of this memorandum opinion and order.

         A

         Rule 16 Evidence

         In requests Nos. 1-3, 11, and 12, Jimenez requests that the government be ordered to disclose information or evidence as required by Fed. R. Crim. P. 16(a)(1)(A)-(D). In request No. 1, Jimenez requests that the government be ordered to disclose any oral, written, or recorded statements made by Jimenez within the possession, custody, or control of the government, including any audio recordings and the substance of any oral statements made by him to government agents or law enforcement officers, including probation or parole officers, before or after his arrest. Jimenez requests in request No. 2 that the government be ordered to disclose all books, papers, documents, photographs, tangible objects, or copies or portions thereof, within the possession, custody, or control of the government that are material to the preparation of Jimenez's defense, or are intended to be used in the government's case-in-chief, or were obtained from or belong to Jimenez. This request includes any checks and other securities, computers, programs, software, diskettes, printers, check stock, counterfeit payroll, chemicals, fingerprints, handwriting exemplars, identification, bank statements, and other potential evidence. In request No. 3, Jimenez requests that the government be ordered to disclose any results or reports of all physical or mental examinations and of scientific tests or experiments conducted by federal or state authorities in the course of the investigation of this case, and any related state investigation of Jimenez, including all fingerprints or handwriting reports, and results compiled by, and who examined, known fingerprints, palm prints, or handwriting exemplars of Jimenez and compared them to questioned specimens. This request includes any chemical analysis of narcotics and reports generated from tests, and a request to review the reports of polygraph tests administered to participating government informants.[1] Jimenez requests in request No. 11 that the government be ordered to disclose any information or evidence gained by electronic surveillance, including wiretaps, videotapes, and tape recorded conversations, or the like, concerning Jimenez, any alleged coconspirators or codefendants, and/or any witness. In request No. 12, Jimenez requests that the government be ordered to disclose a copy of his prior criminal record, including the disposition of the cases.

         To the extent that Jimenez requests discovery that the government is required to disclose under Rules 16(a)(1)(A)-(D), 12(b)(4), and 26.2, Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, Giglio v. United States, 405 U.S. 150 (1972), and its progeny, and/or the Jencks Act, 18 U.S.C. § 3500, the motion is granted. To the extent his requests exceed what is required by these authorities, the motion is denied. The government need not produce any discoverable statements covered by the Jencks Act or Rule 26.2 until the deadline specified infra at § IV.

         B

         Impeachment Evidence

         Jimenez requests in request No. 4 that the government be ordered to disclose any evidence that may be used to impeach any government witness, including any evidence that may be used to substantially impeach the credibility of any key government witness and any government witness' prior criminal record or other prior material acts of misconduct. In request No. 5, Jimenez requests that, pursuant to Fed.R.Evid. 613, the government be ordered to disclose all information that it has regarding inconsistent statements of any witness it may call at trial. In request No. 6, Jimenez requests that, pursuant to Fed.R.Evid. 607 and 608, the government be ordered to disclose any information regarding the untruthfulness of any government witness that it may call at trial. He requests in request No. 7 that the government be ordered to disclose any information known to the government, or that may become known by searching its files and the files of other government agencies, regarding the use of narcotics by any witness whom the government may call at trial, at the time of their cooperation with the government, when they appeared before the grand jury, when they entered their guilty pleas, or at trial. He also requests disclosure of any psychiatric examinations administered to any informant witness.[2]

         To the extent Jimenez requests discovery that the government is required to disclose under Rules 12(b)(4), 16, and 26.2, Brady, Giglio, and/or the Jencks Act, the motion is granted. To the extent his requests ...


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