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United States of America v. Joseph Cabrera Sablan and James Ninete Leon Guerrero

January 27, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSEPH CABRERA SABLAN AND JAMES NINETE LEON GUERRERO, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER REGARDING IN CAMERA REVIEW OF BUREAU OF PRISONS DOCUMENTS
On November 11, 2010, documents were submitted to the Court for an in camera review in relation to discovery requests previously sought by Defendants Joseph Cabrera Sablan and James Ninete Leon Guerrero. ( See Docs. 322 [minute order] & 324 [transcript of proceedings].)

Following a thorough review of the documents submitted for purposes of this Court's in camera review, *fn1 the documents specifically identified below are discoverable by Defendants.

Accordingly, IT IS HEREBY ORDERED that Plaintiff United States of America shall produce the following documents to Defendants *fn2 within ten (10) days:

From the Corrective Services Manual

1. Chapter 3 - Security Inspections/Searches.

(a) Sections 300 through 304.

2. Chapter 6 - Crisis Management Teams, Training and Equipment.

(a) Sections 600 through 601;

(b) Section 603, subsections 1 through 3 only . From the Security Threat Groups Manual

3. Program Statement dated August 15, 1994, Parts 1 through 15;

4. Attachment A, Validation Criteria Worksheet; and

5. Operations Memorandum dated January 5, 2001. From the Central Inmate Monitoring Manual

6. Paragraph 105 (comprising a single page) pertaining to state prisoners.

Relatedly, AUSA Landau provided four additional documents to the Court pertaining to "CIM materiality" and related to the classification status of Defendant Leon Guerrero. The documents are described as follows: (1) Notification of Central Inmate Monitoring Classification or Declassification dated March 18, 1993, regarding Defendant Leon Guerrero; (2) March 22, 1993, correspondence from Warden P. W. Keohane at USP Terre Haute to Mid-Atlantic Regional Director G. L. Ingram regarding Defendant Leon Guerrero; (3) September 17, 1993, correspondence from Mid-Atlantic Regional Director G. L. Ingram to Warden P. W. Keohane at USP Terre Haute regarding Defendant Leon Guerrero; (4) Printout dated March 24, 2010, entitled Security/Designation Data regarding Defendant Leon Guerrero.

Following a review of the documents, it is unclear whether the Government has already produced these four documents or intended these documents to be included as part of any production following the in camera review. Within five days of the date of this Order , the Government shall file written notification advising the Court whether these documents have already been produced. In the event production has not already occurred, the Government shall advise the Court whether it intended the Court to review these documents and ...


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