Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Castro-Beltran

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.