Opinion
CASE NO. 2:09-MC-91 LKK KJM.
October 7, 2009
LAWRENCE G. BROWN, United States Attorney, PAUL A. HEMESATH, Assistant U.S. Attorney, Sacramento, California.
ORDER
ORDER
Upon application of the United States, and upon review of the request from Mexico seeking evidence under the Mutual Legal Assistance Treaty with the United Mexican States, and the Court having fully considered this matter,
IT IS HEREBY ORDERED, pursuant to the authority conferred by the Treaty on Cooperation between the United Mexican States and the United States of America for Mutual Legal Assistance in Criminal Matters, 27 I.L.M. 443, as well as 28 U.S.C. § 1782 and this court's inherent authority, that Assistant United States Attorney Paul A. Hemesath, is appointed as a Commissioner of this Court and is hereby directed to execute the Treaty request as follows:
1. take such steps as are necessary, including the issuance of commissioner's subpoenas to be served on persons within the jurisdiction of this Court, to collect the evidence requested;
2. provide notice with respect to the collection of evidence to those persons identified in the request as parties to whom notice should be given (and no notice to any other party shall be required);
3. adopt procedures to collect the evidence requested, consistent with its use in the investigation or proceeding for which Mexico has requested assistance, which procedures may be specified in the request or provided by or with the approval of the Mexican Central Authority under the Treaty;
4. seek such further orders of this Court as may be necessary to execute this request; and
5. certify and submit the evidence collected to the Office of International Affairs, Criminal Division, United States Department of Justice, or as otherwise directed by that office for transmission to Mexico.
IT IS FURTHER ORDERED that, in collecting the evidence requested, the Commissioner may be accompanied by persons whose presence or participation is authorized by the Commissioner, including, without limitation, special agents of the Federal Bureau of Investigation and/or representatives of Mexico.