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United States v. Duran

United States District Court, D. New Mexico

May 24, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JASON DURAN, Defendant.

          MEMORANDUM OPINION AND ORDER

          HONORABLE MARTHA VAZQUEZ UNITED STATES DISTRICT JUDGE

         THIS MATTER comes before the Court on the Motion to Quash Subpoenas [Doc. 438] filed by the United States (“Government”). A hearing on the motion was conducted on May 10, 2017. For the reasons set forth below, the Government's Motion to Quash Subpoenas is hereby granted in part and denied in part.

         I. BACKGROUND

         On February 24, 2016, the Government filed a 13-count Superseding Indictment against nine defendants, including Jason Duran (“Mr. Duran”). [Doc. 103]. Mr. Duran is charged with one count of conspiracy to possess/distribute heroin and methamphetamine, in violation of 20 U.S.C. §§ 841(a)(1), (b)(1)(A) and (b)(1)(C).

         On April 24, 2017, the Court granted in part Mr. Duran's Sealed Ex Parte Application for Rule 17(c) Subpoena Duces Tecum. (Doc. 424, Doc. 430). Mr. Duran subsequently had subpoenas duces tecum issued and served on seven individuals: Pete N. Kassetas, Chief/Deputy Secretary of the DPS; New Mexico State Police Department Officers Ronald Sean Wood, Nathan Lucero and Ruben Aguirre; Rio Arriba County Deputy Sheriff William Fresquez; Bernalillo County Sheriff's Office Detective Adam Gaitan; and Drug Enforcement Administration Special Agent Kevin Mondragon. The Government filed a Motion to Quash all of the subpoenas. [Doc. 438].[1]

         II. GOVERNMENT'S MOTION TO QUASH ALL SUBPOENAS

         Pursuant to the Court's April 24, 2017, order. Mr. Duran was granted leave to have issued and served subpoenas duces tecum for the following categories of documents:

. Certification and training, deployment and drug inventory records for canine Arras, who was deployed during the October 13, 2016 stop of Mr. Duran.
. Certification and training, deployment and drug inventory records for canine Niko, who was deployed during the October 17, 2016 stop of Mr. Duran.
. Officer Daily Reports for Officers Wood, Lucero and Aguirre.
. NMSP Incident Reports dated October 13, 2015, and October 17, 2015, concerning Mr. Duran.
. Disciplinary records for Officers Wood, Aguirre, Lucero and Mondragon.
. A complete copy of the Registry maintained by DPS of all federal officers identified as holding both state and federal commissions from 2010.
. Unedited versions of dash camera video and audio recordings from one hour prior to, during, and one hour after the traffic stops of Mr. Duran conducted on October 13, 2015, and October 17, 2015.
. Notes from and reports of interviews of Mr. Duran conducted on October 13, 2015-October 14, 2015, and October 21, 2015.
. Notes from and reports of interviews of Pamela Valdez conducted on October 13, 2015-October 14, 2015.
. Copies of all reports rendered in this case, including reports related to state investigation (Ivan Romero as target).
. Certification, device logs and inventory records concerning the tracking surveillance devices installed, “slapped on, ” or utilized on the 2002 Ford Pickup and 2002 Ford Mustang.
. Reports that form the basis of the affidavits and any reports concerning the execution of the warrants, and the ...

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