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United States v. Cruz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 29, 2012
Criminal No. 12CR0654-JLS (S.D. Cal. Oct. 29, 2012)

Opinion

Criminal No. 12CR0654-JLS

10-29-2012

UNITED STATES OF AMERICA, Plaintiff, v. ELADIO CRUZ, Defendant.


ORDER RE: IN CAMERA REVIEW OF

GOVERNMENT DOCUMENTS

Presently before the Court is the Government's Ex Parte Application for an In Camera Review of Government Documents (Doc. No. 48). The Government has submitted two I-213 "Record of Deportable/Inadmissible Alien" forms related to the individuals arrested with Defendant Cruz on December 21, 2011. The Government requests that the Court make a determination as to whether these documents must be disclosed to Defendant Cruz.

These items are among documents sought by Defendant in a Motion to Compel Discovery filed on October 1, 2012 (Doc. No. 42).

Having reviewed the submissions, the Court finds that the documents are not required to be disclosed under Criminal Procedure Rule 16(a)(1)(E). Defendant has made no specific showing as to how these records would be material to his defense, nor is any materiality evident on the face of the documents as they contain no reference to Defendant Cruz' knowledge or intent at the time of his entry into the United States, nor to his actions prior to the aliens' apprehension.

The Court further finds that the documents are not required to be disclosed under Brady or Giglio as they contain no apparent exculpatory or impeachment evidence material to the guilt or punishment of Defendant Cruz. Thus, based upon its review of the documents provided, the Court finds no obligation on behalf of the Government to provide disclosure to the defendant. Having made this determination, however, the Court presumes that the Government remains cognizant of the fact that it is the prosecution, being in a superior position to evaluate its own evidence, which must bear the ultimate responsibility to gauge the "likely net effect of all ... the evidence" and make disclosure of known, favorable evidence rising to a material level of importance. Kyle v. Whitley, 514 U.S. 419, 437-38 (1995).

Brady v. Maryland, 373 U.S. 83 (1963).

Giglio v. United States, 405 U.S. 150 (1972).
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IT IS SO ORDERED.

_________________

Honorable Janis L. Sammartino

United States District Judge


Summaries of

United States v. Cruz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 29, 2012
Criminal No. 12CR0654-JLS (S.D. Cal. Oct. 29, 2012)
Case details for

United States v. Cruz

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ELADIO CRUZ, Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Oct 29, 2012

Citations

Criminal No. 12CR0654-JLS (S.D. Cal. Oct. 29, 2012)