United States District Court, N.D. California, San Jose Division
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR
ISSUANCE OF RULE 17(C) SUBPOENAS RE: DKT. NO. 758
VIRGINIA K. DEMARCHI, UNITED STATES MAGISTRATE JUDGE
Daniel Chavez moves for an order authorizing issuance of
subpoenas directing the pre-trial production of documents
pursuant to Rule 17(c) of the Federal Rules of Criminal
Procedure. Dkt. No. 758. Mr. Chavez seeks production of
documents concerning evidence (or lack thereof) of his
alleged gang membership, uncharged crimes he is alleged to
have committed, and any statements that he has given. The
proposed subpoenas are directed to thirteen local law
enforcement agencies, one local probation department, and the
California Department of Corrections and Rehabilitation
(“CDCR”). The United States opposes the motion.
Dkt. No. 760.
Court conducted a hearing on Mr. Chavez's motion on
October 31, 2019. Dkt. No. 766. Based on the parties'
submissions and arguments at the hearing, the Court concludes
that Mr. Chavez may serve a documents subpoena on each of the
identified agencies, so long as he describes the documents
sought with greater specificity.
Chavez is charged in a superseding indictment with multiple
counts, including racketeering, conspiracy, murder, attempted
murder, robbery, and assault, arising from a criminal
enterprise involving Salinas-based street gangs affiliated
with the Nuestra Familia prison gang. Dkt. No. 40
¶¶ 6-15. The government contends that Mr. Chavez is
the squad leader of the criminal enterprise. Id.
¶ 17. In addition to the specific criminal acts charged
against him in the superseding indictment, the government has
provided notice to Mr. Chavez's counsel of approximately
130 other criminal acts-including murder, attempted murder,
and armed robbery, dating back to February 10, 2003-that it
may seek to prove at the time of trial. Dkt. No. 758 at 5.
The government also has indicated its intent to seek the
death penalty if Mr. Chavez is convicted. See Dkt.
No. 738 at 7-8 (setting deadlines for disclosure of evidence
supporting aggravating factors for death penalty and motion
practice related to application of death penalty to Mr.
the course of proceedings in this case, the government has
identified a number of state and local law enforcement and
other agencies that may have information relevant to this
case. However, the government has taken the position that
these entities are not part of the prosecution team, and none
has been designated as investigative agency assisting the
government in this case. Accordingly, the United States
Attorney's office states that it assumes no obligation to
obtain information from any of these entities or to produce
such information as part of its discovery responsibilities.
See Dkt. No. 123 at 2; Dkt. No. 766.
of the government's position, Mr. Chavez seeks permission
to serve Rule 17(c) document subpoenas seeking the following
categories of documents from a number of state and local
Any and all documents and materials, however kept, in the
possession of the [insert named entity] regarding Daniel
Chavez (date of birth: 12/17/1981), Social Security number
[redacted], California Driver's License No. [redacted]
and that specifically:
1) Relate to Daniel Chavez's alleged membership in any of
the following entities:
East Las Casitas (ELC)
Salinas East Market (SEM)
2) Relate to any and all crimes that the [insert named
entity] contends were committed by Daniel Chavez in the
jurisdiction covered by [that entity] from the period of
February 10, 2003 to the present day.
3) Relate to any statements made by Daniel Chavez to [insert
named entry], whether oral or written, including any and ...