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United States v. Arreola

United States District Court, D. Minnesota

March 7, 2019

United States of America, Plaintiff,
v.
Oscar Viveros Arreola (1), and Jessica Violet Bidler (2), Defendants.

          Amber M. Brennan, Esq., Harry M. Jacobs, Esq., Assistant United States Attorneys, counsel for Plaintiff.

          James S. Becker, Esq., Federal Public Defender, counsel for Defendant Arreola.

          Beau D. McGraw, Esq., McGraw Law Firm, counsel for Defendant Bidler.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         This action came on for hearing before the Court on March 6, 2019, at the U.S. Courthouse, 316 North Robert Street, St. Paul, MN, 55101. The parties have filed various pretrial motions. Based on the file and documents contained therein, along with the memoranda and arguments of counsel, the Court makes the following Order:

         1. Government's Motion for Discovery as to Oscar Viveros Arreola.

         The Government moves for discovery pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3, and 26.2. Arreola does not oppose this motion. Therefore, the Government's Motion for Discovery (Doc. No. 21) is GRANTED.

         2. Government's Motion for Discovery as to Jessica Violet Bidler.

         The Government moves for discovery pursuant to Federal Rules of Criminal Procedure 16(b), 12.1, 12.2, 12.3, and 26.2. Bidler does not oppose this motion. Therefore, the Government's Motion for Discovery (Doc. No. 22) is GRANTED.

         3. Defendant Bidler's Motion for Discovery.

         On January 23, 2019, Bidler filed a motion for discovery with twenty-one paragraphs of requested information for disclosure. (Doc. No. 25.) Then on February 8, Bidler filed seven additional motions, many of which are duplicative of the requests made in the January 23 motion. (Doc. Nos. 29-35.) The Court agrees with the Government that the issues raised by paragraph in the January 23 motion (Doc. No. 25) should have been raised separately in individual motions. Even so, the Government lodged specific objections to various paragraphs in Bidler's initial motion, which the Court will address herein.

         As a general matter, with respect to requests governed by Rule 16 of the Federal Rules of Criminal Procedure, the Government states that it has made its Rule 16 disclosures and will continue to supplement its disclosures as additional materials come into its possession. The Government also represents that it will fully comply with its discovery obligations under Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny, and has substantially complied with its obligations to produce evidence favorable to the defense.

         The Government specifically objects to paragraphs 6, 9, 10, 12, and 16, requesting the disclosure of names, address, qualifications, and subject of testimony of any witness to be called by the Government or witnesses to the transactions described in the Indictment that the Government does not intend to call to testify. The Government clarifies that it will provide criminal records of its witnesses no later than three days prior to trial, along with any other Giglio and Jencks Act materials concerning these witnesses. With respect to Jencks Act materials, the Government states that Bidler's motion should be denied because the Government cannot be compelled to produce Jencks Act material until after a witness has testified at trial on direct examination, United States v. Douglas, 964 F.2d 738, 741 (8th Cir. 1992), but that it will provide Defendants with all Jencks Act materials no later than three business days prior to trial as a courtesy. Nothing in this Order precludes the Government from providing Jencks material no later than three days before trial as it has represented it will do.

         The Government also objects to paragraph 17, in which Bidler moves for the disclosure of all evidence of any promise and/or valuable consideration paid to any undercover agents or persons acting on the Government's behalf in connection with this case. The Government represents that it will fully comply with its discovery obligations under Brady and Gigl ...


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