Opinion
Case No. 1:10-cr-0377 AWI
10-06-2011
UNITED STATES OF AMERICA, Plaintiff, v. ASCENCION JUAREZ-ARANDA, Defendant.
DANIEL J. BRODERICK FEDERAL PUBLIC DEFENDER VICTOR M. CHAVEZ, Declarant Assistant Federal Defender Attorney for Defendant Ascencion Juarez-Aranda
DANIEL J. BRODERICK, Bar #89424
Federal Defender
VICTOR M. CHAVEZ, Bar #113752
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
ASCENCION JUAREZ-ARANDA
EX PARTE APPLICATION FOR
SUBPOENA DUCES TECUM PURSUANT
TO FED. R. CRIM. P. 17(c) ON BEHALF OF
DEFENDANT ASCENCION JUAREZ
ARANDA; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION;
ORDER
Judge: Hon. Anthony W. Ishii
Defendant Ascencion Juarez-Aranda, by his court-appointed attorney, Victor M. Chavez, hereby moves as authorized by Federal Rules of Criminal Procedure, Rule 17(c), for authorization to issue a subpoena duces tecum to the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, California, 90650, Tel: 562/465-7815, for production of any and all records relating to or in any manner involving Ascencion Juarez-Aranda, DOB: 6/16/51, Booking Number 1957271, Case Number VA111088, specifically including but not limited to a copy of any federal immigration detainer placed against him while he was incarcerated at the Los Angeles County Jail from June 23, 2009 until about September 8, 2009, or any other record showing that immigration authorities were advised of his presence. He was arrested on June 23, 2009 by the Huntington Park Police Department.
The information contained in said records is necessary to determine and establish the true facts relating to the violations alleged against Mr. Juarez-Aranda in the above-captioned criminal proceeding.
This information is required to enable counsel to adequately prepare a defense to the charges in this case on behalf of Defendant, and is available only from the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, California, 90650.
This application is based on Rule 17 of the Federal Rules of Criminal Procedure, the attached memorandum of points and authorities, and such other authority as may be produced in connection with consideration of this application.
Respectfully submitted,
DANIEL J. BRODERICK
FEDERAL PUBLIC DEFENDER
VICTOR M. CHAVEZ
Assistant Federal Defender
Counsel for Defendant
Ascencion Juarez-Aranda
MEMORANDUM OF POINTS AND AUTHORITIES
Federal Rules of Criminal Procedure, Rule 17(b) authorizes the issuance of subpoenas for indigent defendants at the expense of the government. Rule 17(c) authorizes the issuance of subpoenas duces tecum.
A party requesting a subpoena duces tecum under Rule 17(c) must demonstrate that the materials sought are 1) relevant, 2) admissible, and must identify the materials with specificity, United States v. Nixon, 418 U.S. 683, 699-700 (1974); United States v. Eden, 659 F.2d 1376 (9th Cir. 1981). Eden adds the requirement that the proponent "...demonstrate that the subpoenaed materials are not available from any other source and their examination and processing should not await trial." Id. at 1381.
This request by Defendant Juarez-Aranda specifically seeks copies of records from the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, Norwalk, California, relating to a federal immigration detainer placed against him while he was in their custody from June 23, 2009 until September 8, 2009. The information contained in said records is relevant and necessary to prepare a defense to the charges in this case on behalf of Defendant. Mr. Juarez-Aranda recalls that he was contacted by an ICE Agent after his arrest. Such records would support a motion to dismiss for improper venue. Obtaining these records prior to trial will allow defense counsel to challenge jurisdiction and could lead to dismissal of the indictment or a more favorable plea bargain.
The information is available only from the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, California, 90650. The Los Angeles County Sheriffs Department requires a subpoena in order to release these records. For this reason authority to issue a subpoena is requested.
This application is based on Federal Rules of Criminal Procedures, Rule 17, the foregoing application, this memorandum of points and authorities, the attached declaration of counsel, and such information and authority as may be produced in connection with consideration of this application.
Respectfully submitted,
DANIEL J. BRODERICK
FEDERAL PUBLIC DEFENDER
VICTOR M. CHAVEZ
Assistant Federal Defender
Counsel for Defendant
Ascencion Juarez-Aranda
DECLARATION OF VICTOR M. CHAVEZ
I, Victor M. Chavez, declare as follows:
1. I am an attorney admitted to practice before this court and am employed as an Assistant Federal Defender.
2. The Federal Defender has been appointed to represent Defendant Ascencion Juarez-Aranda in the above-entitled case, and I have been assigned to represent him; the office has represented Mr. Juarez-Aranda since July 26, 2011. He is charged with illegal reentry in violation of 8 U.S.C. § 1326.
3. I am informed and believe and thereon state that there are jail booking records relating to a federal detainer which was placed against Mr. Juarez-Aranda while he was incarcerated at the Los Angeles County Jail from about June 23, 2009, until about September 8, 2009. My client reports that he was contacted by a representative of ICE after his arrest.
4. A copy of the information contained in the said Los Angeles County Sheriff's Department records is necessary to determine and establish the true facts relating to when Mr. Juarez-Aranda was found in the U.S. by immigration authorities. The information and records are available only from the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, California, 90650. It is imperative that the information be provided to defendant's counsel as soon as possible to assist in adequately preparing a defense to the charges in this case. It is anticipated that the information will not be provided without a subpoena, as this has been our experience with the Los Angeles County Sheriff's Department.
5. I have advised Assistant U.S. Attorney Ian Garriques of this ex parte request for a subpoena duces tecum.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 6th day of October, 2011 at Fresno, California.
VICTOR M. CHAVEZ, Declarant
Assistant Federal Defender
Attorney for Defendant
Ascencion Juarez-Aranda
DANIEL J. BRODERICK, Bar #89424
Federal Defender
VICTOR M. CHAVEZ, Bar #113752
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
Ascencion Juarez-Aranda
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
Ascencion Juarez-Aranda, Defendant.
CASE NO. 1:10-cr-0377 AWI
ORDER GRANTING EX PARTE
APPLICATION FOR SUBPOENA DUCES
TECUM PURSUANT TO FED.R.CRIM.P.
17(c)
The Application For Subpoena Duces Tecum, filed by defendant Ascencion Juarez-Aranda is hereby granted authorizing issuance of a subpoena duces tecum pursuant to Rule 17 (c) of the Fedei Rules of Criminal Procedure to the Custodian of Records for the Los Angeles County Sheriff's Department, Los Angeles County Jail Division, 12440 East Imperial Highway, #120, Norwalk, Calif 90650, Tel: 562/465-7815, for production of any and all records relating to or in any manner involvin Ascencion Juarez-Aranda, specifically including but not limited to a copy of the federal immigration detainer placed against him while he was in custody at the Los Angeles County Jail in June 2009 unti approximately September 8, 2009.
IT IS SO ORDERED.
________________________________________
CHIEF UNITED STATES DISTRICT JUDGE