The opinion of the court was delivered by: Hayes, Judge:
The matter before the Court is the motion for letters rogatory or to compel the government to use the Mutual Legal Assistance Treaty; and to reconsider obtaining testimony of deposition witnesses through letters rogatory or MLAT filed by the Defendant Jesus Quinonez Marquez. (ECF No. 1383-1 and 1383-2).
On July 29, 2010, the federal grand jury returned a one-count indictment charging forty-three defendants with conspiring to conduct enterprise affairs through a pattern of racketeering activity, in violation of 18 U.S.C. § 1962(d). The indictment alleged that the defendants and "others known and unknown to the grand jury, were members and associates of an organization known as the 'Fernando Sanchez Organization', whose members engaged in, among other things, murder, conspiracy to commit murder, attempted murder, kidnaping, conspiracy to kidnap, attempted kidnaping, robbery, conspiracy to commit robbery, attempted robbery, importation of controlled substances into the United States from Mexico, conspiracy to import controlled substances into the United States from Mexico, distribution of controlled substances, conspiracy to distribute controlled substances, money laundering and conspiracy to launder money." (ECF No. 82 at 3-4).
On April 28, 2011, the grand jury returned a two-count superseding indictment. (ECF No. 644). The superseding indictment charged the forty-three defendants in Count 1 with conspiring to conduct enterprise affairs through a pattern of racketeering activity, in violation of 18 U.S.C. § 1962(d), as charged in the original indictment. The superseding indictment charged certain defendants, not including Defendant Quinonez, in Count 2 with conspiring to distribute cocaine, marijuana and methamphetamine. *fn1
The Superseding Indictment alleged as follows:
Corrupt Foreign Law Enforcement Officials: Defendants JESUS QUINONEZ MARQUEZ, aka Rinon, JOSE ANTONIO ORTEGA NUNO, EDGAR LOPEZ DE-ANDA DAHER, aka Pollito, JOSE ALEJANDRO FLORES MEZA, aka, Shakira, were either former or current law enforcement officers working for the FSO. The defendants used their positions within the Mexican law enforcement community to obtain and disseminate confidential law enforcement information to the FSO, target rivals of the FSO for arrest, obtain confessions from rival organization members to gain intelligence about those organizations, bribe judicial and law enforcement authorities to secure release of arrested FSO members, to shift responsibility for violent activities from the FSO to rival organizations (both legally and in stories generated by the media), and to obtain law enforcement employee information for FSO's use in targeting law enforcement officers taking actions adverse to the interests of the Enterprise. (ECF No. 644 at 6-7). The Superseding Indictment charged, in part, the following overt acts in furtherance of the racketeering conspiracy in Count 1, with respect to Defendant Quinonez:
On or about March 16, 2010, defendant JOSE ALFREDO NAJERA GIL told defendant JESUS QUINONEZ MARQUEZ that he was going to get a new phone number for Marquez's phone, but that despite that change, Marquez would not lose his "agenda," that is, his contact list.
On or about March 17, 2010, defendant JESUS QUINONEZ MARQUEZ provided defendant JOSE ALFREDO NAJERA GIL with information about a triple homicide which occurred in "Las Brisas," a neighborhood in Tijuana, Mexico.
On or about March 23, 2010, defendant JESUS QUINONEZ MARQUEZ informed defendant JOSE ALFREDO NAJERA GIL that he (MARQUEZ) was "waiting for things to get better" so that NAJERA could buy him (MARQUEZ) the apartment, to which NAJERA responded that there would be "more money," "things would get better," and that MARQUEZ should "not worry."
On or about March 25, 2010, at the direction of defendants JOSE ALFREDO NAJERA GIL and RUBEN DARIO CASTRO PEREZ, "Panchito" and other unidentified individuals shot and killed Efrain Alvarez Gonzalez and Abel Joatan Gonzalez in the El Florido neighborhood of Tijuana, Mexico.
On or about March 25, 2010, defendant RUBEN DARIO CASTRO PEREZ instructed defendant JOSE ALFREDO NAJERA GIL to contact defendant JESUS QUINONEZ MARQUEZ and have MARQUEZ "spread the rumor and make a mess of things, just as if 'they' (Efrain Alvarez Gonzalez and Abel Joatan Gonzalez) were bad guys."
On or about March 25, 2010, defendant JORGE ALBERTO RAMERIZ PONCE informed defendant JOSE ALFREDO NAJERA GIL that "the lady" (Marisol Fuerte Aquinon) had been located and "they cashed her check," that is, Aguinon had been killed.
On or about March 27, 2010, defendant JESUS QUINONEZ MARQUEZ informed defendant JOSE ALFREDO NAJERA GIL that he (MARQUEZ) had been tasked by defendant RUBEN DARIO CASTRO PEREZ with making the murders of Efrain Alvarez Gonzalez and Abel Joatan Gonzalez ...