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United States v. Alfaro

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CRIMINAL DIVISION


October 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE ALFARO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel Real United States District Judge

[Proposed] ORDER DENYING DEFENDANT'S MOTION FOR PRETRIAL DISCOVERY (Doc. No. 610) AND FINDINGS THERETO

Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendant JOSE ALFARO, by and through the authorized representative of his counsel of record, James Cooper, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS

1. The Court read and considered Jose Alfaro's Motion for pretrial discovery, (Doc. No. 610) and the government's opposition thereto.

2. The Court, after carefully considering the pleadings, declarations and documents filed by the parties, as well as the argument presented at the hearing, orally denied the defendant's Discovery Motion. This Order will supplement the Court's oral ruling denying the motion. In connection with this Order, the Court makes the following Findings of Fact and Conclusions of Law.

3. On September 16, 2010, this Court held a hearing on the motion. Defendant appeared in person with his counsel of record. After affording the parties opportunity for argument, the Court denied defendant's Discovery Motion. The Court has previously ordered that the government produce all Giglio material 45 days prior to trial.

4. The Court finds that Alfaro's request for copies of internal e-mails and memorandum produced by the United States Attorney's Office concerns internal work product, and, therefore, the government is under no obligation to produce it to the defendant.

5. The Court also finds no authority for defendant's request that the government produce such reports and internal memorandum regarding its decision to file a RICO indictment against defendant Alfaro.

THEREFORE, FOR GOOD CAUSE SHOWN: IT IS HEREBY ORDERED that defendant Jose Alfaro's discovery motion is denied.

IT IS SO ORDERED.

Kevin L. Rosenberg Department of Justice

20101005

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