Court filing
Government's Response to the Standing Discovery Order
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2021-05-10 |
U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 23 · 2021-05-10 · Docket on CourtListener
Summary
The government's response to the Standing Discovery Order in United States v. Carlos Vazquez, No. 1:21-cr-20231-DMM, in the U.S. District Court for the Southern District of Florida, entered May 10, 2021 as Document 23. Filed under Local Rule 88.10 and Federal Rule of Criminal Procedure 16, it answers the standard discovery items, stating for example that no defendant testified before the Grand Jury, no contraband is involved, and no lineup identification occurred. It demands reciprocal discovery under Rule 16(b) and commits to disclosures under Brady v. Maryland, Giglio v. United States and F.R.E. 404(b). The response states the attachments are numbered USA_000001-USA_001310. It is signed by Assistant United States Attorney Hayden P. O'Byrne and includes a certificate of service on defense counsel Carlos M. Fleites.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 21-CR-20231-DMM UNITED STATES OF AMERICA vs. CARLOS VAZQUEZ, Defendant. _______________________________________/ GOVERNMENT=S RESPONSE TO THE STANDING DISCOVERY ORDER The United States hereby files this response to the Standing Discovery Order. This response also complies with Local Rule 88.10 and Federal Rule of Criminal Procedure 16. A. 1. Attached, please find a copy of any written statements made by the defendant(s). 2. The government is unaware of any relevant oral statements made by the defendant before or after arrest in response to interrogation by any person then known to the defendant to be a government agent that the government intends to use at trial. 3. No defendant testified before the Grand Jury. 4. The defendant’s prior criminal record is attached. 5. Books, papers, documents, data, photographs, tangible objects, buildings or places, within the government’s possession, custody or control, which are material to the preparation of the defendant’s defense, or which the government intends to use as evidence at trial to prove its case in chief, or which were obtained from or belong to the defendant, may be inspected at a mutually convenient time at: the Office of the United States Attorney, 99 Northeast 4th Street, Miami, Florida, Sixth Floor. The attachments to this discovery response are not necessarily copies of all the books, papers, documents, data, etc., that the government may intend to introduce at trial. Case 1:21-cr-20231-DMM Document 23 Entered on FLSD Docket 05/10/2021 Page 1 of 5 2 6. There were no physical or mental examinations or scientific tests or experiments made in connection with this case. B. DEMAND FOR RECIPROCAL DISCOVERY: Pursuant to the Standing Discovery Order, the United States requests the disclosure and production of materials listed in Section (b) of Local Rule 88.10. This request is also made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure. C. The government will disclose any information or material which may be favorable on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Agurs, 427 U.S. 97 (1976). D. The government will disclose any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective government witnesses, within the scope of Giglio v. United States, 405 U.S. 150 (1972), or Napue v. Illinois, 360 U.S. 264 (1959). E. The government will disclose any prior convictions of any alleged co- conspirator, accomplice or informant who will testify for the government at trial. F. No defendant was identified in a lineup, show up, photo array or similar identification proceedings. G. The government has advised its agents and officers involved in this case to preserve all rough notes. H. The government will timely advise the defendant of its intent, if any, to introduce at trial extrinsic act evidence pursuant to F.R.E. 404(b). Pursuant to Local Rule 88.10, the notice will be provided regardless of whether the evidence may be used in the case-in-chief, for impeachment or possible rebuttal, and will include the general nature of the evidence. You are hereby on notice that all evidence made available to you for inspection, as well as all statements disclosed herein or in any future discovery letter, may be offered in the trial of this cause, under F.R.E. 404(b) or otherwise (including the inextricably-intertwined doctrine). In addition, the government may introduce under Rule 404(b) evidence underlying the defendant's past criminal activity that has resulted in arrests and/or convictions and which is summarized in the attached court documents. Case 1:21-cr-20231-DMM Document 23 Entered on FLSD Docket 05/10/2021 Page 2 of 5 3 I. The defendant is not an aggrieved person, as defined in Title 18, United States Code, Section 2510(11), of any relevant electronic surveillance that was authorized pursuant to 18 U.S.C. §2516 and 18 U.S.C §2518 and that has been unsealed in accordance with 18 U.S.C §2518. J. The government has ordered transcribed the Grand Jury testimony of all witnesses who will testify for the government at the trial of this cause. K. No contraband is involved in this indictment. L. The government does not know of any automobile, vessel, or aircraft allegedly used in the commission of this offense that is in the government's possession. M. The government is not aware of any latent fingerprints or palm prints which have been identified by a government expert as those of the defendant. N. The government will make every possible effort in good faith to stipulate to all facts or points of law the truth and existence of which is not contested and the early resolution of which will expedite trial. These stipulations will be discussed at the discovery conference. O. The government is available for a pretrial discovery conference as required by Rule 16.1 of the Federal Rules of Criminal Procedure and Local Rule 88.10(o). While the government and defense counsel have already discussed a timetable and procedures for pretrial discovery via email, should defense counsel wish to discuss these matters further or in person, please contact the undersigned with dates that defense counsel is available. The government is aware of its continuing duty to disclose such newly discovered additional information required by the Standing Discovery Order, Rule 16(c) of the Federal Rules of Criminal Procedure, Brady, Giglio, Napue, and the obligation to assure a fair trial. Case 1:21-cr-20231-DMM Document 23 Entered on FLSD Docket 05/10/2021 Page 3 of 5 4 The attachments to this response are numbered USA_000001-USA_001310. Please note that the file names of certain spreadsheets were the maximum allowable length, accordingly, bates numbers were not added to spreadsheets. Please contact the undersigned Assistant United States Attorney if any portions of this production are missing. Respectfully submitted, JUAN ANTONIO GONZALEZ ACTING UNITED STATES ATTORNEY By: /s/ Hayden P. O’Byrne Hayden P. O’Byrne Assistant United States Attorney Florida Bar No. 60024 United States Attorney’s Office - SDFL 99 Northeast 4th Street Miami, FL. 33132-2111 Tel: (305) 961-9447 Hayden.obyrne@usdoj.gov Case 1:21-cr-20231-DMM Document 23 Entered on FLSD Docket 05/10/2021 Page 4 of 5 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 10, 2021, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that I caused the foregoing document to be served this day on all counsel of record on the Service List below in the manner specified. /s/ Hayden P. O’Byrne_____________ Hayden P. O’Byrne Assistant United States Attorney SERVICE LIST Party Counsel Manner of Service Carlos Vazquez Carlos M. Fleites Law Offices of Carlos M Fleites 1800 SW 27th Ave, Suite 500 Miami, Florida 33145 CM/ECF without attachments. U.S. Mail with attachments. Case 1:21-cr-20231-DMM Document 23 Entered on FLSD Docket 05/10/2021 Page 5 of 5
File and source
- File
- gov.uscourts.flsd.591071.23.0.pdf
- Size
- 136,651 bytes
- SHA-256
- bfbe004d257cc8031a0c9a6ba808eee2c496fe372a80f7c7807f3fb0300e6477
- Original
- PACER (login required)