United States v. Ly

3:12-cr-05001 | W.D. Wash. | Jan 24, 2013

Case 3:12-cr-05001-BHS Document 196 Filed 01/24/13 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 UNITED STATES OF AMERICA, 9 CASE NO. CR12-5001 BHS Plaintiff, 10 ORDER DENYING v. DEFENDANT’S MOTION FOR 11 MICHAEL LY, et al., SANCTIONS 12 Defendants. 13 14 This matter comes before the Court on Defendant Hung Viet Tran’s (“Tran”) 15 motion for sanctions (Dkt. 163). 16 On October 1, 2012, Tran filed the instant motion requesting that the Court 17 suppress all evidence obtained against Tran for discovery violations or, in the alternative, 18 perform an in camera review of Drug Enforcement Agency (“DEA”) reports. Dkt. 163. 19 On October 9, 2012, the Government responded (Dkt. 168) and submitted the reports ex 20 parte and under seal (Dkt. 173). On October 12, 2012, Tran replied. Dkt. 177. 21 First, Tran argues that the DEA reports are material to his defense and the 22 Government was under an obligation to produce them earlier. Dkt. 163 at 8–12. The ORDER - 1 Case 3:12-cr-05001-BHS Document 196 Filed 01/24/13 Page 2 of 2 1 Court disagrees because Tran has failed to show that “the documents are material to the 2 preparation of their defense against the Government’s case in chief . . . .” United States 3 v. Armstrong, 517 U.S. 456" date_filed="1996-05-13" court="SCOTUS" case_name="United States v. Armstrong">517 U.S. 456, 463 (1996). Moreover, even if they are material, they were 4 produced in sufficient time before trial. Therefore, the Court denies Tran’s motion for 5 sanctions. 6 Second, Tran requests that the Court conduct an in camera review to determine 7 whether the redactions are “legitimate.” Dkt. 163 at 12. The Court has reviewed the 8 documents (Dkt. 173) and finds that the reports do not contain relevant material that has 9 not been disclosed by the Government (see Dkt. 168 at 4–8). The single discrepancy is 10 that one DEA author contends that the DEA became involved on June 30, 2010 whereas 11 the Government contends that the DEA joined the investigation on July 1, 2010 (Dkt. 175 12 at 26). This discrepancy is immaterial to any issue in this proceeding. Therefore, the 13 Court denies Tran’s motion to produce redacted material. 14 IT IS SO ORDERED. 15 Dated this 24th day of January, 2013. 16 17 18 A BENJAMIN H. SETTLE United States District Judge 19 20 21 22 ORDER - 2