USA v. Noyola-Martinez et al

Filing 126

Order

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
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) PROTECTIVE ORDER
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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