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United States of America v. Joseph Cabrera Sablan

February 11, 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

DEATH PENALTY CASE PROTECTIVE ORDER RELATED TO BUREAU OF PRISONS MANUALS

In discovery requests designated 2.J and 2.T in PACER Document 280, and in court at the hearing held on November 2, 2010, Defendants Joseph Sablan and James Leon Guerrero requested the production of certain program statements/manuals created and used by the United States Bureau of prisons. The Government objected to the release of these documents.

Documents responsive to these discovery requests are contained in program statements (PS) and manuals created by the Bureau of Prisons, including PS 5180.04 Central Inmate Monitoring Manual, PS 1380.03 Security Threat Group program statement, PS 1380.05 Special Investigative Supervisors Manual, and PS 5500.11 Correctional Services Manual, including any revisions, updates, and attachments thereto. Following the hearing on November 2, 2010, attorneys for the Bureau of Prisons supplied copies of these documents, and all revisions, updates, and attachments thereto, to the Court for in camera review. The parties also provided the Court with additional documents regarding Defendant Leon Guerrero's CIM designation. See Order (Doc. 348) at 2:15--3:8. All such documents supplied to and reviewed by the court in camera have been returned to the BOP. However, the Government has agreed to return all documents reviewed by the Court to the Court, under separate cover, to be maintained as part of the record of this case.

The court, having reviewed the requested program statements/manuals in camera, and having considered the filings and arguments of all parties, finds there is GOOD CAUSE to disclose to the Defense certain portions of each program statement/manual as listed herein. However, since information contained in these documents relates to the security of BOP facilities and disclosure of this information to inmates could compromise security in BOP facilities, the following items will be disclosed subject to the restrictions contained in this Order:

1. From the Corrective Services Manual

A. Chapter 3 - Security Inspections/Searches.

(a) Sections 300 through 304.

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

(a) Sections 600 through 601;

(b) Section 603, subsections 1 through 3 only.

2. From the Security Threat Groups Manual

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

B. Attachment A, Validation Criteria Worksheet; and

C. Operations Memorandum dated January 5, 2001.

3. From the Central Inmate Monitoring Manual

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

4. From the Special Investigative Supervisor Manual

A. Chapter 1 - Role, Authority and Scope of SIS Duties.

(a) Sections 100 ...


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