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United States v. Diaz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARIO DIAZ, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

DEFENDANT'S NOTICE AND REQUEST TO SEAL DEFENDANTS' EXHIBIT W (DECLARATION OF JERRY LEE TUTER AND PROPOSED ORDER

Hearing: Date: July 19, 2010

Time: 10:00 a.m.

Pursuant to Local Rule 141, defendant Edward Fuentes, through counsel, hereby applies for an order to seal defendants' Exhibit W in support of the joint defendants' motions to dismiss and to suppress wiretap intercepts. This application is made because Exhibit W contains the names and identifying information of one or more government confidential informants. A copy of Exhibit W is being provided to the parties today pursuant to Local Rule 141(b).

Exhibit W is a 2-page declaration of Jerry Lee Tuter dated July 6, 2010. In his declaration, Tuter describes witnessing an attempted murder of a Mario Diaz, out of Woodland, by CW-1 and his Norteno gang members in March 2006. (This is not the same Mario Diaz as the defendant with the same name in this case). Tuter also reports that CW-1 ordered "hits" on Robert Barone in April 2006 and on Rudy Tafoya in July 2006. Finally, Tuter confirms that CW-1's drug dealing while an informant included CW-1's methamphetamine trafficking with Tuter through Tuter's girlfriend when Tuter was incarcerated at the Yolo County jail between April 28, 2006 and December 5, 2006.

Dated: July 9, 2010 Respectfully submitted, JOHN BALAZS Attorneys for Defendant EDWARD FUENTES

ORDER

For the reasons stated in the application set forth above, the Court hereby orders defendants' Exhibit W in support of their motions to dismiss and to suppress wiretap intercepts is hereby ordered sealed until further order of the Court.

20100714

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