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United States v. Castro-Beltran

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


October 1, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LIBRADO CASTRO-BELTRAN, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

APPLICATION FOR SUBPOENA DUCES TECUM PURSUANT TO FED.R.CRIM.P. 17(c) ON BEHALF OF LIBRADO CASTRO-BELTRAN; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION; ORDER

Defendant, Librado Castro-Beltran, by his court-appointed attorney, Peggy Sasso, hereby moves as authorized by Federal Rules of Criminal Procedure, Rule 17(c), for authorization to issue a subpoena duces tecum to the Custodian of Records for the Los Angeles County Sheriff's Department, 12440 East Imperial Highway, #120, Norwalk, California, 90650, Tel: 562/465-7815, for production of:

1) any and all references and documents pertaining to the federal immigration, or ICE (Immigration Customs and Enforcement), hold or detainer placed on Librado Castro-Beltran (aka Feliciano Beltran Castro or Angel Lebrado Castro); DOB 11/03/1976; arrest date 6/26/2008; booking number 1525081; case number VA106340-01; and

2) any and all booking documents for Librado Castro-Beltran (aka Feliciano Beltran Castro or Angel Lebrado Castro); DOB 11/03/1976; arrest date 6/26/2008; booking number 1525081; case number VA106340-01, including but not limited to the Booking "Jacket"and the Booking and Property Record.

The information contained in said records is necessary to determine and establish the true facts relating to the violations alleged against Mr. Castro-Beltran in the above-captioned criminal proceeding.

The requested information is relevant to the issue of venue, and specifically, whether Mr. Castro-Beltran was found by federal authorities in the Central District of California or the Eastern District of California.

This information is required to assist counsel to adequately prepare a defense to the charges in this case on behalf of Defendant, and is available only from the Custodian of Records for the Los Angeles County Sheriff's Department, 12440 East Imperial Highway, #120, Norwalk, California, 90650.

The Los Angeles County Sheriff's Department has informed counsel for the defendant that a subpoena is required to obtain ICE hold/detainer information and that the defense should request booking documents for information on immigration holds.

This application is based on Rule 17 of the Federal Rules of Criminal Procedure, the attached memorandum of points and authorities, and such other authority as may be produced in connection with consideration of this application.

MEMORANDUM OF POINTS AND AUTHORITIES

Federal Rules of Criminal Procedure, Rule 17(b) authorizes the issuance of subpoenas for indigent defendants at the expense of the government. Rule 17(c) authorizes the issuance of subpoenas duces tecum.

A party requesting a subpoena duces tecum under Rule 17(c) must demonstrate that the materials sought are 1) relevant, 2) admissible, and must identify the materials with specificity, United States v. Nixon, 418 U.S. 683, 699-700 (1974); United States v. Eden, 659 F.2d 1376 (9th Cir. 1981). Eden adds the requirement that the proponent "...demonstrate that the subpoenaed materials are not available from any other source and their examination and processing should not await trial." Id. at 1381.

This request by Defendant Librado Castro-Beltran seeks copies of records from the Custodian of Application for Subpoena Duces Tecum on Behalf of Defendant Pursuant to Fed.R.Crim.P. 17(c); Records for the Los Angeles County Sheriff's Department, Norwalk, California, relating to a federal immigration hold / detainer placed against him while he was held in custody by the Los Angeles County Sheriff in 2008. The information contained in said records is relevant and necessary to prepare a defense to the charges in this case on behalf of Defendant. Such records would support a motion to dismiss for improper venue. Obtaining these records prior to trial will allow defense counsel to challenge venue and jurisdiction and could lead to dismissal of the indictment.

The information is available only from the Custodian of Records for the Los Angeles County Sheriff's Department, 12440 East Imperial Highway, #120, Norwalk, California, 90650. The defense, pursuant to instruction from the Sheriff's department, has been advised that a court order is needed to release the documents. For this reason authority to issue subpoena is requested. It is not anticipated that the information will be provided without a subpoena. It is imperative that the information be provided to defendant's counsel at the earliest time possible in order to expedite defense preparation.

This application is based on Federal Rules of Criminal Procedures, Rule 17, the foregoing application, this memorandum of points and authorities, the attached declaration of counsel, and such information and authority as may be produced in connection with consideration of this application.

DECLARATION OF PEGGY SASSO

I, Peggy Sasso, declare as follows:

1. I am an attorney admitted to practice before this court and am employed as an Assistant Federal Defender.

2. The Federal Defender has been appointed to represent Defendant Librado Castro-Beltran in the above-entitled case, and I have been assigned to represent him. He is charged with illegal re-entry in violation of 8 U.S.C. § 1326.

3. I am informed and believe and thereon state that, pursuant to the policy of the Los Angeles County Sheriff, there are jail records relating to federal detainers, which would indicate the placement of an immigration hold / detainer against Mr. Librado Castro-Beltran while he was incarcerated at the Los Angeles County Jail in 2008.

4. A copy of the information contained in the said Los Angeles County Sheriff's Department records is necessary to determine and establish the true facts relating to when and what judicial district Mr. Librado Castro-Beltran was found in the U.S. by immigration authorities. The information and records are available only from the Custodian of Records for the Los Angeles County Sheriff's Department, 12440 East Imperial Highway, #120, Norwalk, California, 90650. The government asserts that Mr. Castro-Beltran was found and a detainer placed against him in the Eastern District of California. It is imperative that the information be provided to defendant's counsel as soon as possible to assist in adequately preparing a defense to the charges in this case. It is anticipated that the information will not be provided without a subpoena, as this has been our experience with the Los Angeles County Sheriff's Department.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 30th day of September, 2010, at Fresno, California.

ORDER GRANTING APPLICATION FOR SUBPOENA DUCES TECUM PURSUANT TO FED.R.CRIM.P. 17(c)

The Application For Subpoena Duces Tecum, filed by defendant Librado Castro-Beltran IS HEREBY GRANTED authorizing issuance of a subpoena duces tecum pursuant to Rule 17 (c) of the Federal Rules of Criminal Procedure to the Custodian of Records for the Los Angeles County Sheriff's Department, 12440 East Imperial Highway, #120, Norwalk, California, 90650, Tel: 562/465-7815, for production of:

1) any and all references and documents pertaining to the federal immigration, or ICE (Immigration Customs and Enforcement), hold or detainer placed on Librado Castro-Beltran (aka Feliciano Beltran Castro or Angel Lebrado Castro); DOB 11/03/1976; arrest date 6/26/2008; booking number 1525081; case number VA106340-01; and

2) any and all booking documents for Librado Castro-Beltran (aka Feliciano Beltran Castro or Angel Lebrado Castro); DOB 11/03/1976; arrest date 6/26/2008; booking number 1525081; case number VA106340-01, including but not limited to the Booking "Jacket"and the Booking and Property Record.

IT IS SO ORDERED.

20101001

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