Court filing
Government's Seventh Response to the Standing Discovery Order
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2021-11-02 |
U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 53 · 2021-11-02 · Docket on CourtListener
Summary
The government's seventh response to the Standing Discovery Order in United States of America v. Carlos Vazquez, Case No. 21-CR-20231-DMM, in the U.S. District Court for the Southern District of Florida, filed November 2, 2021 as Doc. 53. The response states that its attachment, bates number USA_1359-1392, consists of immigration documents pertaining to the defendant, an email from the defendant's prior counsel, memoranda of interviews and a quitclaim deed. It states that United States Immigration and Customs Enforcement holds the defendant's complete alien file and may offer additional materials at sentencing. The government acknowledges its continuing disclosure duty under Rule 16(c), Brady, Giglio and Napue, and reiterates its demand for reciprocal discovery under Rules 16(b) and 26.2. It is signed by Assistant United States Attorney Hayden P. O'Byrne.
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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 SEVENTH RESPONSE TO THE STANDING DISCOVERY ORDER The United States hereby files this Seventh response to the Standing Discovery Order. The attachment to this response is comprised of bates number USA_1359-1392 and consist of immigration documents pertaining to the defendant, an email from Defendant’s prior counsel, memoranda of interviews and quitclaim deed. 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. Notably, United States Immigration and Customs Enforcement has Defendant’s complete alien file and may offer additional materials from this file at Defendant’s sentencing. 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 Case 1:21-cr-20231-DMM Document 53 Entered on FLSD Docket 11/02/2021 Page 1 of 3 2 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. 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 53 Entered on FLSD Docket 11/02/2021 Page 2 of 3 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 2, 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 53 Entered on FLSD Docket 11/02/2021 Page 3 of 3
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