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United States of America v. Ascencion Juarez-Aranda

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


October 6, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ASCENCION JUAREZ-ARANDA,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

EX PARTE APPLICATION FOR SUBPOENA DUCES TECUM PURSUANT TO FED. R. CRIM. P. 17(c) ON BEHALF OF DEFENDANT ASCENCION JUAREZ- ARANDA MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION

ORDER

Defendant Ascencion Juarez-Aranda, by his court-appointed attorney, Victor M. Chavez, hereby moves as authorized by Federal Rules of Criminal Procedure, Rule 17(c), for authorization to issue a subpoena duces tecum 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 Ascencion Juarez-Aranda, DOB: 6/16/51, Booking Number 1957271, Case Number VA111088, 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 June 23, 2009 until about September 8, 2009, or any other record showing that immigration authorities were advised of his presence. He was arrested on June 23, 2009 by the Huntington Park Police Department.

The information contained in said records is necessary to determine and establish the true facts relating to the violations alleged against Mr. Juarez-Aranda in the above-captioned criminal proceeding.

This information is required to enable counsel to adequately prepare a defense to the charges in this case on behalf of Defendant, and is available only from 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.

This application is based on Rule 17 of the Federal Rules of Criminal Procedure, the attached memorandum of points and authorities, and such other authority as may be produced in connection with consideration of this application.

Respectfully submitted, DANIEL J. BRODERICK FEDERAL PUBLIC DEFENDER DATED: October 6, 2011 By /s/ Victor M. Chavez VICTOR M. CHAVEZ Assistant Federal Defender Counsel for Defendant Ascencion Juarez-Aranda

MEMORANDUM OF POINTS AND AUTHORITIES

Federal Rules of Criminal Procedure, Rule 17(b) authorizes the issuance of subpoenas for indigent defendants at the expense of the government. Rule 17(c) authorizes the issuance of subpoenas duces tecum.

A party requesting a subpoena duces tecum under Rule 17(c) must demonstrate that the materials sought are 1) relevant, 2) admissible, and must identify the materials with specificity, United States v. Nixon, 418 U.S. 683, 699-700 (1974); United States v. Eden, 659 F.2d 1376 (9th Cir. 1981). Eden adds the requirement that the proponent "...demonstrate that the subpoenaed materials are not available from any other source and their examination and processing should not await trial." Id. at 1381.

This request by Defendant Juarez-Aranda specifically seeks copies of records from the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, Norwalk, California, relating to a federal immigration detainer placed against him while he was in their custody Ex Parte Application for Subpoena Duces Tecum to Fed.R.Crim.P. 17(c) on Behalf of Defendant; Points and Authorities; Declaration, Order from June 23, 2009 until September 8, 2009. The information contained in said records is relevant and necessary to prepare a defense to the charges in this case on behalf of Defendant. Mr. Juarez-Aranda recalls that he was contacted by an ICE Agent after his arrest. Such records would support a motion to dismiss for improper venue. Obtaining these records prior to trial will allow defense counsel to challenge jurisdiction and could lead to dismissal of the indictment or a more favorable plea bargain.

The information is available only from 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. The Los Angeles County Sheriffs Department requires a subpoena in order to release these records. For this reason authority to issue a subpoena is requested.

This application is based on Federal Rules of Criminal Procedures, Rule 17, the foregoing application, this memorandum of points and authorities, the attached declaration of counsel, and such information and authority as may be produced in connection with consideration of this application.

Respectfully submitted, DANIEL J. BRODERICK FEDERAL PUBLIC DEFENDER DATED: October 6, 2011 By /s/ Victor M. Chavez VICTOR M. CHAVEZ Assistant Federal Defender Counsel for Defendant Ascencion Juarez-Aranda Ex Parte Application for Subpoena Duces Tecum to Fed.R.Crim.P. 17(c) on Behalf of Defendant; Points and Authorities; Declaration, Order DECLARATION OF VICTOR M. CHAVEZ

I, Victor M. Chavez, declare as follows:

1. I am an attorney admitted to practice before this court and am employed as an Assistant Federal Defender.

2. The Federal Defender has been appointed to represent Defendant Ascencion Juarez-Aranda in the above-entitled case, and I have been assigned to represent him; the office has represented Mr. JuarezAranda since July 26, 2011. He is charged with illegal re-entry in violation of 8 U.S.C. § 1326.

3. I am informed and believe and thereon state that there are jail booking records relating to a federal detainer which was placed against Mr. Juarez-Aranda while he was incarcerated at the Los Angeles County Jail from about June 23, 2009, until about September 8, 2009. My client reports that he was contacted by a representative of ICE after his arrest.

4. A copy of the information contained in the said Los Angeles County Sheriff's Department records is necessary to determine and establish the true facts relating to when Mr. Juarez-Aranda was found in the U.S. by immigration authorities. The information and records are available only from 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. It is imperative that the information be provided to defendant's counsel as soon as possible to assist in adequately preparing a defense to the charges in this case. It is anticipated that the information will not be provided without a subpoena, as this has been our experience with the Los Angeles County Sheriff's Department.

5. I have advised Assistant U.S. Attorney Ian Garriques of this ex parte request for a subpoena duces tecum.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 6th day of October, 2011 at Fresno, California.

VICTOR M. CHAVEZ, Declarant Assistant Federal Defender Attorney for Defendant Ascencion Juarez-Aranda Ex Parte Application for Subpoena Duces Tecum to Fed.R.Crim.P. 17(c) on Behalf of Defendant; Points and Authorities; Declaration, Order DANIEL J. BRODERICK, Bar #89424 Federal Defender VICTOR M. CHAVEZ, Bar #113752 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Ascencion Juarez-Aranda

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

CASE NO. 1:10-cr-0377 AWI

UNITED STATES OF AMERICA, Plaintiff, v. Ascencion Juarez-Aranda, Defendant.

ORDER GRANTING EX PARTE APPLICATION FOR SUBPOENA DUCESTECUM PURSUANT TO FED.R.CRIM.P. 17(c)

The Application For Subpoena Duces Tecum, filed by defendant Ascencion Juarez-Aranda 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 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 Ascencion Juarez-Aranda, specifically including but not limited to a copy of the federal immigration detainer placed against him while he was in custody at the Los Angeles County Jail in June 2009 until approximately September 8, 2009.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

20111006

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