The opinion of the court was delivered by: Hayes, Judge
The matter before the Court is the Motion to Dismiss the Indictment filed by Defendant Antonio Ramos-Amezcua (#158).
On February 23, 2007, the government filed a seventeen count indictment in this case against nineteen defendants charging conspiracy to import controlled substances in Count 1; conspiracy to distribute controlled substances in Count 2; continuing criminal enterprise in Count 3; conspiracy to launder money in Count 4; distribution of a controlled substance in Counts 5; importation of a controlled substance in Counts 6, 8, 9, 10, 11, 12, 13, and 15; and possession with intent to distribute a controlled substance in Counts 7, 14, 16, and 17. Defendant Ramos-Amezcua is charged in Count 1 and Count 2 which allege conspiracies involving "a large scale distribution organization (Cazares organization) that send metric ton-quantities of cocaine from Mexico into the United States." (Doc. # 1 at 2.) Count 1 and Count 2 allege in part that Defendant Ramos-Amezcua "was a narcotics load-vehicle driver for the Cuevas Cell." (Doc. # 1 at 6.)
On February 28, 2007, the indictment was unsealed by order of the Court. (Doc #17.) On March 1, 2007, Defendant Ramos-Amezcua was arrested.
On March 2, 2007, Defendant Ramos-Amezcua was arraigned before the Magistrate Judge and detained. (Doc.# 22.)
On March 6, 2007 the Magistrate Judge held a detention hearing for Defendant RamosAmezcua. (Doc. #30.)
On March 8, 2007, Magistrate Judge held a further detention hearing. The Magistrate Judge granted the Government's motion for detention and Defendant Ramos-Amezcua remains in custody. (Doc. #33.)
On March 23, 2007, Defendant Octavio Amezcua filed a motion for discovery requesting a wide range of materials in the custody, control, care, or knowledge of the Plaintiff or any closely related investigative or other agency. (Doc. # 43.)
On March 26, 2007, the Government filed a response to the Defendant's motion for discovery. (Doc. # 46.)
On March 27, 2007, Defendant Arturo Flores Medina filed a notice of joinder in the motion for discovery filed by Defendant Octavio Amezcua. (Doc. # 47.)
On April 13, 2007, Defendant Gilbert Vasquez-Chavez filed a motion for discovery. (Doc. # 75.)
On April 13, 2007, Defendant Carlos Cuevas, Jr. filed a motion for discovery. (Doc. # 77.)
On April 13, 2007, this Court held a hearing with all Defendants and all counsel present, including Defendant Ramos-Amezcua and counsel for Defendant Ramos-Amezcua. The parties discussed with the Court in detail the extensive discovery involved in the case. The Court inquired "Are all counsel joined in for the respective discovery motions?" A number of defense counsel answered in the affirmative. Counsel for Defendant RamosAmezcua remained silent. ...