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United States v. Nunez-Sanchez

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


November 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BENITO NUNEZ-SANCHEZ, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

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

The Application For Subpoena Duces Tecum, filed by defendant Benito Nunez-Sanchez for the 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, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, California, 90650, Tel: 562/465-7815, for production of any and all records relating to or in any manner involving Benito Nunez-Sanchez, AKA Alejandro Sanchez, DOB: 3-5-72, Booking Number 2034144, Case Number VA111954, specifically including but not limited to a copy of any federal immigration detainer placed against him while he was incarcerated at the Los Angeles County Jail from about August 28, 2009 to November 2, 2009 has been received and has been reviewed. The application is DENIED.

The purpose of the request is to facilitate discovery. Rule 17(c) was not intended to provide an additional means of discovery. Its chief innovation is to expedite the trial by providing a time and a place before trial for the inspection of the subpoenaed materials that will be used at trial.. (Bowman Dairy Co. V United States, 341 U.S. 214 (1951).

IT IS SO ORDERED.

Appearance and Change in Designation of Counsel

20101122

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