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United States v. Baca

United States District Court, D. New Mexico

May 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY RAY BACA, a.k.a. “Pup”; CHRISTOPHER GARCIA; MANUEL JACOB ARMIJO, a.k.a. “Big Jake”; FREDERICO MUNOZ, a.k.a. “Playboy”; SERGIO LOYA RODRIGUEZ, a.k.a “Churro”; MANUEL BENITO, a.k.a. “Panther”; VINCENT GARDUÑO, a.k.a. “Fatal”; MANDEL LON PARKER, a.k.a. “Chuco”; DANIEL ARCHULETA, a.k.a. “Smurf”; DANIEL SANCHEZ, a.k.a. “Dan Dan”; ANTHONY CORDOVA, a.k.a. “Antone, ” and ARTURO ARNULFO GARCIA, a.k.a. “Shotgun, ” Defendants.

          Fred Federici Attorney for the United States Acting Under Authority Conferred by 28 U.S.C. § 515 Albuquerque, New Mexico and Maria Ysabel Armijo Randy M. Castellano Matthew M. Beck Assistant United States Attorneys United States Attorney's Office Las Cruces, New Mexico Attorneys for the Plaintiff

          Theresa M. Duncan Duncan Earnest, LLC Albuquerque, New Mexico and Marc M. Lowry Rothstein Donatelli, LLP Albuquerque, New Mexico Attorneys for Defendant Anthony Ray Baca

          Christopher W. Adams The Law Office of Christopher W. Adams, P.C. Charleston, South Carolina and Amy Sirignano Law Office of Amy Sirignano, P.C. Albuquerque, New Mexico Attorneys for Defendant Christopher Garcia

          Todd Bruce Hotchkiss Todd B. Hotchkiss, Attorney at Law, LLC Albuquerque, New Mexico Attorney for Defendant Manuel Jacob Armijo

          Louis E. Lopez, Jr. Louis Lopez Law El Paso, Texas Attorney for Defendant Frederico Munoz

          Donald F. Kochersberger, III Business Law Southwest, LLC Albuquerque, New Mexico and Pamela Sullivan Law Office of Pamela Sullivan Albuquerque, New Mexico Attorneys for Defendant Sergio Loya Rodriguez

          Susan Burgess-Farrell Barrett G. Porter Burgess & Porter Law, LLC Albuquerque, New Mexico Attorneys for Defendant Manuel Benito

          Diego R. Esquibel The Barnett Law Firm Albuquerque, New Mexico and R. Scott Reisch Reisch Law Firm, LLC Denver, Colorado Attorneys for Defendant Vincent Garduño

          Marc Grano Grano Law Offices Las Vegas, New Mexico Attorney for Defendant Mandel Lon Parker

          James Baiamonte Law Office of James P. Baiamonte Esq. Albuquerque, New Mexico and Ahmad Assed Ahmad Assed & Associates Albuquerque, New Mexico Attorneys for Defendant Daniel Archuleta

          Lauren Noriega The Noriega Law Firm Los Angeles, California and Amy E. Jacks Law Office of Amy E. Jacks Los Angeles, California Attorneys for Defendant Daniel Sanchez

          Marcia A. Morrissey Law Office of Marcia A. Morrissey Santa Monica, California and Gregory M. Acton Acton Law Firm P.C. Albuquerque, New Mexico Attorneys for Defendant Anthony A. Cordova

          Scott Moran Davidson The Law Office of Scott M. Davidson Albuquerque, New Mexico and Billy R. Blackburn Billy R. Blackburn Law Office Albuquerque, New Mexico and Laura E. Udall Cooper & Udall, PC Tucson, Arizona Attorneys for Defendant Arturo Arnulfo Garcia

          MEMORANDUM OPINION AND ORDER

         THIS MATTER comes before the Court on Defendant Anthony Cordova's objection to the introduction of jail calls between him and his attorney, Ms. Marcia A. Morrissey, on grounds of attorney-client privilege. See Draft Transcript of Trial Day 7 at 349:14-16 (taken July 17, 2018)(Morrissey)(“Tr.”).[1] Plaintiff United States of America contends that the attorney-client privilege does not apply, because the telephone calls were “subject to monitoring and recording.” Tr. at 349:24-25 (Castellano). Cordova did not make the telephone calls on the attorney line. See Tr. at 349:21-22 (Castellano). Ms. Morrissey did not, however, hear the preamble warning that the call was recorded on the jail telephone line from ...


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