USA v. Hollis
Filing
271
Order
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA
Plaintiff,
vs.
ARTHUR HOLLIS,
3:04-cr-140-HRH-JDR
ORDER
REGARDING IN CAMERA
REVIEW OF DOCUMENTS
CONCERNING SUBPOENA AT
DOCKET 266
Defendant.
In response to the Court’s order dated February 24, 2012, at
Docket 266, the United States provided documents referenced in the government’s
pleading at Docket 263 for an in camera review to determine whether the documents
should be disclosed to the defendant as discovery relevant to his motion to vacate
brought pursuant to 28 U.S.C. § 2255. The documents are numbered 1 through 49,
A, and B. The documents reviewed were redacted by the DEA to protect proprietary
information. The government filed a Supplemental Response (Docket 270) to the
Court’s Order concerning subpoena at Docket 266. This order addresses the
documents for consistency in the same order as page groupings identified in the in
camera submission.
Pages 1 through 6 relate to a September 2003 delivery of a FedEx
package to the confidential source (Ward) which contained cocaine and for which
Ward was prosecuted. Mr. Butler, Hollis trial attorney was aware during the trial of
Hollis of this informant’s drug case. There is nothing contained in these documents
that could have materially enhanced the defense ability to impeach the informant.
The documents at pages 7 through 11, identifying persons the informant
believed he could buy drugs from, including Hollis.
The documents are not
exculpatory.
Document 12 shows an attempted purchase of cocaine on
July 30, 2004 from an individual other than Hollis. This document contains no
exculpatory information.
Document page 13, provides details about the attempted purchase of
cocaine in July 2004 by the informant by an individual other than Hollis. Document
page 13 addresses the new federal charges in 2003 referenced above re: pages 1
through 6. These documents do not constitute new exculpatory material.
3-04-cr-140-HRH-JDR Order Re In Camera Review of Documents Concerning Subpoena at Docket 266_mtd_mtd.wpd
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Documents as pages 14 through 20 involve either attempted cocaine
buys without any indication of wrong doing by the informant or show that the
informant had a source of drugs other than Hollis at the time. With respect to the
latter, the informant was cross-examined on this topic at trial and the documents do
not qualify as “Giglio” material that need be produced as discovery.
Documents at pages 21 through 29 address the purchase of cocaine
by the informant on September 14, 2004. These documents do not add any new
material facts to support the defense argument that the informant was unreliable
because he was dealing drugs while cooperating the DEA.
Documents at pages 30 to 32, consist of surveillance and evidence
reports on the August 23, 2004 incident between Hollis and the informant that
resulted in the Indictment in the underlying case. The government indicates that
these reports were turned over to the defense previously.
Pages 33 through 43, address the controlled sale of crack-cocaine by
the second informant to Ward on September 27, 2004. The government represents
that the second informant was prosecuted for this crime and the facts were disclosed
and discussed at trial. As such they need not be produced as discovery at this postconviction stage of the case. The documents at pages 44 through 49 do not reveal
criminal activity by the informant and do not appear to be covered by this court’s
previous orders in this case. The fact that the informant was able to provide reliable
3-04-cr-140-HRH-JDR Order Re In Camera Review of Documents Concerning Subpoena at Docket 266_mtd_mtd.wpd
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information about drugs resulting in arrests would corroborate rather than impeach
the informant. Hence, no production need be ordered.
Documents A & B relate to a September 1, 2004 Memorandum
documenting the August 30 meeting at the U.S. Attorney’s office. The government
has previously produced these two pages as discovery in the § 2255 proceeding.
For the foregoing reasons the court concludes that the documents
reviewed in camera need not be produced to the defense by the government.
DATED this 15th day of March, 2012, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge
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