United States District Court, D. New Mexico
CONVERSE FEDERAL PUBLIC DEFENDER ATTORNEY FOR MS. RUIZ.
RAMIREZ ASSISTANT UNITED STATES ATTORNEY UNITED STATES
MEMORANDUM OPINION AND ORDER
VÁZQUEZ UNITED SPATES DISTRICT JUDGE
the Court are defendant Sara Ruiz's Motion to Compel
Discovery [Doc. 47] and Motion to Sever Defendants [Doc. 48].
Subsequent to the filing of these motions, Ms. Ruiz's
co-defendants, Lorenzo Chavez and James Montano, Jr., entered
guilty pleas in this case. As a result, the Motion to Sever
Defendants [Doc. 48] is moot.
Ruiz, along with the co-defendants, was charged with Count 1:
Conspiracy to Commit Hobbs Act Robbery in violation of 18
U.S.C. § 1951(a); Count 2:Hobbs Act Robbery in violation
of 18 U.S.C. §1951(a) and aiding and abetting in
violation of 18 U.S.C. § 2; and Count 3: brandishing a
firearm in furtherance of Count 1(conspiracy) and Count 2
(interference with interstate commerce in violation on 18
U.S.C. § 924(c) and aiding and abetting in violation of
18 U.S.C. §2. Trial is set for January 22, 2018.
charges arise from the December 27, 2015, armed robbery of a
cashier at the Route 66 Casino. Mr. Chavez is alleged to have
committed the robbery and brandished a firearm, Mr. Montano
is alleged to have accompanied him into the casino and acted
as a lookout, and Ms. Ruiz is alleged to have remained
outside as the getaway driver.
Ruiz has received partial disclosure of evidence in this
matter, which includes the following allegation made during
the questioning of Ms. Ruiz:
FBI Agent: “We got done talking to [co-defendant] too.
Both him and [other co-defendant] said that you were the one
that made the decision to rob the casino.”
Ruiz has requested the actual statements of the
co-defendants, but her requests have been denied. In her
Motion to Compel, she contends she is entitled to the
statements because they may contain Brady,
Giglio, Agurs and/or Bagley
information. The government contends that the defendant
is improperly seeking early disclosure of Jencks
16(a)(1)(E) of the Federal Rules of Criminal Procedure
Documents and Objects. Upon a
defendant's request, the government must permit the
defendant to inspect and to copy or photograph books, papers,
documents, data, photographs, tangible objects, buildings or
places, or copies or portions of any of these items, if the
item is within the government's possession, custody, or
(i) the item is material to preparing the defense;
(ii) the government intends to use the item in its