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United States of America v. Jose Alfredo Zepeda

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


January 26, 2011

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

The opinion of the court was delivered by: John A. Mendez United States District Judge

BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2772

STIPULATION AND PROPOSED ORDER RE: DESTRUCTION OF BODY BAG AND CLOTHING

Whereas, the trial in this matter has already been concluded and no party used as evidence and/or desires to use as evidence in any future litigation in this case items identified in discovery produced by plaintiff United States of America as:

(1) Item 1B40: comprised of one pair boots, one pair of socks, one of pair jeans, one of pair sweatpants, one of pair shorts, and one black shirt worn by deceased alleged coconspirator Juan Carlos Herrera-Chavez at the time of his death; and (2) Item 1B41: one body bag used to contain and transport the body of deceased alleged coconspirator Juan Carlos Herrera-Chavez; and

Whereas, the Federal Bureau of Investigation, the agency which has current possession of Items 1B40 and 1B41, desires to destroy these items as it has determined that these items constitute biohazards because the items are soiled with blood and body fluids,

It is hereby stipulated and agreed by and between the United States, on the one hand, and defendants Jose Alfredo Zepeda and Clemente Ferrias Arroyo, on the other hand, through their respective counsel that:

1. Defendants forever and irrevocably waive their right to inspect, examine, test, and/or use as evidence Items 1B40 and/or 1B41;

2. The United States may in its discretion destroy Items 1B40 and/or 1B41.

ORDER

The Court having reviewed, read, and considered the parties' stipulation, and good cause appearing therefrom,

The Court hereby adopts in its entirety the parties' stipulation as the Court's Order, and specifically orders that:

1. Defendants forever and irrevocably waive their right to inspect, examine, test, and/or use as evidence Items 1B40 and/or 1B41;

2. The United States may in its discretion destroy Items 1B40 and/or 1B41.

John A. Mendez

20110126

© 1992-2011 VersusLaw Inc.



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