USA v. Noyola-Martinez et al

Filing 126


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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA, Plaintiff, vs. JOSE MANUEL NOYOLA-MARTINEZ, a/k/a “Scooby”, ADAN E. BARRAGAN, a/k/a “Lalo”, a/k/a “El Compa”, ANTONIO LOERA ISIDRO, a/k/a “Tomato”, a/k/a/ “Manuel Delrio”, JAIR RIOS ROMERO a/k/a “Goofy”, ARMANDO MONTANO-MORALES, JONATHAN MANUEL SANTANA, a/k/a “Flip”, a/k/a “Janta”, ALBARO RIVERA GARCIA, a/k/a “The Dude”, CARLOS OLIVARES, and JUAN CARLOS RUBIO-MALDONADO, INES GUTIERREZ GASPAR, a/k/a “El Camaron”, a/k/a “The Shrimp”, PANFILO MORALES GONZALEZ, ANTONIO CARDENAS PEREZ, a/k/a “Perico”, RICHARD J. LOSE, a/k/a “El Toro”, a/k/a “The Bull”, STEVEN J. HANSON, and DERLAND M. GEORGE, a/k/a “Yogi”, Defendants. ) No. 3:10-cr-00123-HRH-JDR ) ) ) PROTECTIVE ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Pursuant to hearing conducted on March 14, 2011 and having considered the motion [89] filed by the United States for a Protective Order pursuant to Federal Rule of Criminal Procedure 16(d)(1), the Court finds “good cause” to order the following restrictions on discovery. (1) Any materials provided by the United States in discovery may be shared with the defendants and other members of the defense team, including other attorneys, staff, and investigators. However, such documents and recordings are not to be given to or played for any other individuals, except upon showing of good cause in a further application to the Court. (2) The discovery materials under Protective Order may not be left at any correctional facility so that the defendants in custody can review same in an unsupervised and non-secure environment. The defendants, whether in custody or not, may not share such information in such documents or recordings with others who are not members of their defense team. MATERIALS ALREADY PRODUCED On March 4, 2011, the government made available to defendants Santana and Olivares an initial set of discovery materials. These same materials were made available to defendant Noyola-Martinez on December 22, 2010, January 18, 2011, January 25, 2011 and March 4, 2011. Included in those initial materials were several search warrant applications, supporting affidavits, attachments, and the actual search warrants issued by the Court. Those materials were provided in digital form, on a Compact Disc marked as CD #1 for defendants Santana and Olivares and on multiple compact discs for defendant Noyola-Martinez. The government has gone through those materials and requests that the following designated Bates numbered pages be subject to the protective order: BATES NUMBER DESCRIPTION DESCRIPTION 00000009-00000014 Search Warrant Affidavit SW_00000067-SW_00000071 Search Warrant Affidavit SW_00000081-SW_00000087 Search Warrant Affidavit SW_00000097-SW_000000103 Search Warrant Affidavit SW_00000110-SW_00000130 Search Warrant Affidavit SW_00000140-SW_00000160 Search Warrant Affidavit SW_00000175-SW_00000195 Search Warrant Affidavit SW_00000205-SW_00000225 Search Warrant Affidavit SW_00000223-SW_00000239 Search Warrant Affidavit SW_00000263-SW_00000267 Search Warrant Affidavit SW_00000291-SW_00000311 Search Warrant Affidavit SW_00000320-SW_00000340 Search Warrant Affidavit SW_00000362-SW_00000382 Search Warrant Affidavit SW_00000408-SW_00000428 Search Warrant Affidavit SW_00000446-SW_00000458 Search Warrant Affidavit SW_00000471-SW_00000483 Search Warrant Affidavit SW_00000496-SW_00000508 Search Warrant Affidavit MATERIALS TO BE PRODUCED As discussed at the respective hearings held on the government’s motion for a protective order, several audio and video recordings that have previously been produced and several audio and video recordings that are ready to be produced in discovery are subject to the protective order. The following list of discovery items constitute the audio and video recordings: CD NUMBER DESCRIPTION CD #2 Video CD #3 Video CD #6 Video CD #7 Audio CD #8 Video CD #9 Video CD #10 Video CD #11 Video CD #13 Audio/Video CD #14 Audio/Video CD #16 Video CD #19 Video CD #21 Video CD #22 Video CD #23 Video CD #24 Video CD #25 Video CD #26 Video With respect to any additional items provided in discovery, if the government believes that any such materials should be subject to the protective order, the government will file an additional notice at the time that those materials are provided. IT IS SO ORDERED. DATED at Anchorage, Alaska, this 29th day of March, 2011. /s/ John D. Roberts JOHN D. ROBERTS UNITED STATES MAGISTRATE JUDGE

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