IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 9, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Lawrence J. O'Neill
ORDER DENYING APPLICATION FOR SUBPOENA DUCES TECUM PURSUANT TO ) FED.R.CRIM.P. 17(c)
The Application For Subpoena Duces Tecum, filed by defendant JULIAN MEJIA-AVILES IS HEREBY GRANTED authorizing 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 California Department of Corrections and Rehabilitation, Departmental Archives, 2015 Aerojet Rd. Suite D, Rancho Cordova, California 95742, for production of:
1) any miscellaneous decisions by the Board of Parole Hearings regarding Julian Mejia-Aviles, DOB 4/12/1961 and CDCR T21275; and
2) the document which extended, and alleged a justification to extend, parole subsequent to June 13, 2006, for Julian Mejia-Aviles, DOB 4/12/1961 and CDCR T21275.
The request is DENIED as the application is an improper use of Rule 17 (c). The application is clearly for the purpose of discovery, and the material requested is not intended to be used either at trial or at a scheduled hearing, but rather is to be used for negotiating a plea bargain. Once a plea has been entered and a sentencing date set, if Counsel represents the need for such documents at that hearing, then the request would be proper. Should this occur, then Defense Counsel is to provide notice to the Government that such a request has been made. An obvious exception would be if both Counsel agreed to the need and filed a stipulated request for such an Order to issue.
IT IS SO ORDERED.
LAWRENCE J. O'NEILL, Judge United States District Court Eastern District of California
Application for Subpoena Duces Tecum Pursuant to Fed.R.Crim.P. 17(c) on Behalf of Defendant; Points and Authorities; Declaration; [Proposed] Order 2
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