Court filing
Government's Response to Standing Discovery Order — USA v. Rendon (S.D. Fla.)
Filed February 15, 2023 in USA v. Rendon; one of 83 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-02-15 |
U.S. District Court for the Southern District of Florida · No. 1:23-cr-20036-KMM · Doc. 22 · 2023-02-15 · Docket on CourtListener
Full text
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CR-20036-MOORE
UNITED STATES OF AMERICA
vs.
DANIELA RENDON,
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.
This production includes a recorded statement 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, at 801_0016.WMA.
2.
No defendant testified before the Grand Jury.
3.
The defendant’s prior criminal record, if any exists, will be made available
upon receipt by this office.
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, Suite 606. Please call the undersigned
to set up a date and time that is convenient to both parties.
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.
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
Case 1:23-cr-20036-KMM Document 22 Entered on FLSD Docket 02/15/2023 Page 1 of 3
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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).
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
Case 1:23-cr-20036-KMM Document 22 Entered on FLSD Docket 02/15/2023 Page 2 of 3
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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.
The attachments to this response are numbered 2023_02_14_000001 through
2023_02_14_011948. Please contact the undersigned Assistant United States Attorney if any
portions are missing.
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By:
Jonathan Bailyn
Jonathan Bailyn
Assistant United States Attorney
Court ID No. A5502602
99 Northeast Fourth Street, 6th Floor
Miami, Florida 33132-2111
Phone: (305) 961-9071
jonathan.bailyn@usdoj.gov
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