U.S. v. Mullens

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ROBERT MULLENS, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Aug 23, 2006

Case No. 05-80722-04 (E.D. Mich. Aug. 23, 2006)

Opinion

Case No. 05-80722-04.

August 23, 2006

ORDER

DONALD SCHEER, Magistrate Judge

Defendant Robert Mullens' Motion for Government Agents and Law Enforcement Officers to Retain Rough Notes was referred to the undersigned magistrate judge for hearing and determination. The motion was set for hearing on August 22, 2006. The parties, however, have waived oral argument and requested that the matter be determined on their written submissions.

Having reviewed Defendant's Motion, together with the Government's Response, I find that the routine destruction of rough notes after the preparation of formal reports does not violate the Jencks Act, Title 18 United States Code, Section 3500, or the holding in Brady v. Maryland, 373 U.S. 83 (1963). See, United States v. Frederick, 583 F.2d 273, cert. denied, 444 U.S. 860 (1978); United States v. Simtob, 901 F.2d 799, 809 (9^th Cir. 1990). Such rough notes are not Jencks material and Defendant has no discovery right to such documents. United States v. Hinton, 719 F.2d 711, 719-722 (4^th Cir. 1983),cert. denied, 104 S.Ct. 1300 (1981); United States v. Hurst, 510 F.2d 1035, 1036 (6^th Cir. 1975). It is therefore ordered that Defendant's Motion for Government Agents and Law Enforcement Officers to Retain Rough Notes is denied. Provided, however, that the Government shall honor the commitment expressed in its motion response to ensure that, to the extent that investigators rough notes still exist, the Government will counsel its agents to retain them pending trial.