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Home Court filings USA v. Vazquez — U.S. District Court, Southern District of Florida Government's Sixth Response to the Standing Discovery Order

Court filing

Government's Sixth Response to the Standing Discovery Order

Record facts

CourtU.S. District Court for the Southern District of Florida
Filed2021-10-26

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 48 · 2021-10-26 · Docket on CourtListener

Summary

The government's Sixth 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, filed October 26, 2021 as Doc. 48. The response states that its attachment consists of bates numbers USA_1356-1358, described as immigration documents pertaining to the defendant, served by email. It offers defense counsel the opportunity to inspect tangible evidence at the United States Attorney's Office and acknowledges the government's continuing disclosure duties under Rule 16(c), Brady, Giglio and Napue. The government also reiterates its demand for reciprocal discovery under Rules 16(b) and 26.2 of the Federal Rules of Criminal Procedure. The three-page filing is signed by Assistant United States Attorney Hayden P. O'Byrne and includes a certificate of service on defense counsel Albert Z. Levine.

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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 SIXTH RESPONSE TO  
THE STANDING DISCOVERY ORDER 
 
The United States hereby files this Sixth response to the Standing Discovery Order.  The attachment 
to this response is comprised of bates number USA_1356-1358 and consist of immigration documents 
pertaining to the defendant.  The materials were served via email today.  Please contact the undersigned 
Assistant United States Attorney if any portion of this discovery production appears to be missing.  
Counsel for the defendant may inspect any item of tangible evidence reflected in the discovery, any 
item of evidence that was seized from your client, and any item that the United States intends to offer at 
sentencing with reasonable notice, at the Office of the United States Attorney, located at 99 Northeast 4th 
Street, Miami, Florida.  Please contact the undersigned Assistant United States Attorney if you wish to 
make arrangements to review same.  
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. 
In addition to the request made above by the government pursuant to the Standing Discovery Order 
and Rule 16(b) of the Federal Rules of Criminal Procedure, in accordance with Rule 12.1 of the Federal 
Rules of Criminal Procedure, the government hereby reiterates its demand for all reciprocal discovery it is 
entitled to under Rules 16(b) and 26.2 of the Federal Rules of Criminal Procedure.   
Case 1:21-cr-20231-DMM   Document 48   Entered on FLSD Docket 10/26/2021   Page 1 of 3

2 
 
 
Respectfully submitted, 
 
JUAN ANTONIO GONZALEZ 
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 48   Entered on FLSD Docket 10/26/2021   Page 2 of 3

5 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on October 26, 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 
Albert Z. Levine 
Albert Z. Levine, P.A.  
40 N.W. 3rd Street 
Suite 200 
Miami, FL 33128 
albert@albertlevinelaw.com 
 
CM/ECF without 
attachments. 
Email with 
attachments. 
 
Case 1:21-cr-20231-DMM   Document 48   Entered on FLSD Docket 10/26/2021   Page 3 of 3

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Original
PACER (login required)
  1. Objections to Presentence Investigation Report by Carlos Vazquez — USA v. Vazquez (Dkt. 49, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-10-28
  2. Report and Recommendations on Plea of Guilty — USA v. Vazquez (Dkt. 44, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-09-13
  3. Factual Proffer Statement as to Carlos Vazquez — USA v. Vazquez (Dkt. 43, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-09-13
  4. Exhibit 1 - Deed — USA v. Vazquez (Dkt. 50.1)same docket · 2021-11-01
  5. ORDER REFERRING to Magistrate Judge Chris M.… — USA v. Vazquez (Dkt. 40)same docket · 2021-08-26
  6. Motion to Continue Sentencing Hearing by Carlos Vazquez. Responses due by 11/15/2021 — USA v. Vazquez (Dkt. 51, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-11-01
  7. Order Continuing Trial as to Carlos Vazquez — USA v. Vazquez (Dkt. 39, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-08-11
  8. Government's Seventh Response to the Standing Discovery Ordersame docket · 2021-11-02
  9. Motion to Continue Trial by Carlos Vazquez. Responses due by 8/24/2021 — USA v. Vazquez (Dkt. 38, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same case · 2021-08-10
  10. Transcript of Change of Plea as to Carlos Vazquez — USA v. Vazquez (Dkt. 54, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same case · 2021-11-06
  11. Government's Fifth Response to the Standing Discovery Ordersame case · 2021-08-02
  12. Response to 49 Objections to Presentence Investigation Report by USA as to Carlos Vazquez — USA v. Vazquez (Dkt. 58, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same case · 2021-11-14
  13. Government's Fourth Response to the Standing Discovery Ordersame case · 2021-07-30
  14. Transcript of Detention Hearing as to Carlos Vazquez — USA v. Vazquez (Dkt. 59, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same case · 2021-11-15
  15. Government's Third Response to the Standing Discovery Ordersame case · 2021-07-29
  16. Renewed Motion to Continue Sentencing Hearing by Carlos Vazquez. Responses due by 11/29/2021 — USA v. Vazquez (Dkt. 60, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same case · 2021-11-15
  17. Permanent Notice of Appearance (Trial Only) — USA v. Vazquez (S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-07-27
  18. Response in Opposition by USA as to Carlos Vazquez — USA v. Vazquez (Dkt. 61, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-11-15
  19. ORDER SETTING TRIAL as to Carlos Vazquez:… — USA v. Vazquez (Dkt. 33)same docket · 2021-07-23
  20. Motion to Withdraw Plea of Guilty by Carlos Vazquez — USA v. Vazquez (Dkt. 63, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)same docket · 2021-11-16

Part of: USA v. Vazquez · U.S. District Court for the Southern District of Florida · Paycheck Protection Program (PPP) · Criminal prosecutions · Orders and opinions · 2021 · Court filings

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