USA v. YANEZ-PINEDA, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
UNITED STATES OF AMERICA
v.
ALICIO YANEZ-PINEDA
JOSUE SERDA
ULISES BORJA
TRAVIS ARNOLD
ARIEL COLLINS
PATRICK WILKINS
EDGAR JARA
•
TYLE:R PARR
GREGORY ROBINSON
DESHUN MUCKLE
HALIE MONEY
Defendants.
CRIM. NO: 3:25-CR-10-TES
PROTECTIVE ORDER GOVERNING DISCOVERY
Upon the motion of the government, pursuant to Fed. R. Crim. P. 16(d), it is hereby
ORDERED :
1. 	The discovery material provided by the United States which includes copies of
documents and recordings which relate to the history of confidential human sources ("CHSs")
and/or cooperating ·witnesses involved in the investigation of this case, is subject to this protective
order and may be used by defendants and defendants' counsel (defined as counsel ofrecord in this
case) solely in connection with the defense of this case, and for no other purpose, and in connection
with no other proceeding, without further order of this Court.
2. 	For the purposes of this order and discovery in this action, confidential, sensitive,
and potentially protected infomrntion means names, dates of birth, social security numbers, home
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addresses, telephone numbers, and photographs and video recorded images of CHSs and/or
cooperating witnesses.
3. 	TI1e discoveiy containing confidential, sensitive, and potentially protected material
relating to CHSs and/or cooperating witnesses provided by the United States shall not be
disseminated by defense counsel or the defendants to any individual, organization, or entity, other
than :
A) To 	members 	of the defense team 	(co-counsel, paralegals, investigators,
litigation support personnel, the defendant, and secretarial staff);
B) Experts or consultants retained to assist in the preparation of the defense, and
then only if such information is necessary to that preparation;
C) This Comt; and
D) Non-expeit witnesses, if it is detennined that it is necessary to do so for the
purpose of preparing the defense of the case and may do so without any notice
to the United States. 	However, the defense team may only show copies of
confidential, sensitive, or protected information peitaining to CHSs and/or
cooperating witnesses to non-expert witnesses, in the presence of the defense
tean1 , if the non-expeit witnesses 	agree that they will 	not disseminate
infoimation in the documents, and provided that the defense team retrieves all
copies of the confidential, sensitive, or protected infonnation from the non-
expert witnesses after the meeting .
4. 	TI1e defendants 	may not be given copies 	of any materials 	which 	contain
confidential, sensitive, or protected information pertaining to CHSs and/or cooperating witnesses .
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T11e defendants may review confidential, sensitive, or protected infonnation while in the presence
of the defense team, but the defense team must maintain custody and control of the confidential,
sensitive, or protected infonnation. If defense counsel determines that it is necessary to provide
copies of any of these materials to a defendant, counsel will ensure that all confidential, sensitive,
or protected infom1ation pertaining to CHSs and/or cooperating witnesses are first redacted from
any such materials .
5. 	If counsel detem1ines there is a need for a defendant to have access to unredacted
material containing confidential, sensitive, or protected information pertaining to CHSs and/or
cooperating witness outside the presence of the defense team, counsel may petition the court ex
parte for pern1ission to do so .
6. 	If any defendant has already been provided with copies of any materials which
contain confidential, sensitive, or protected infonnation pertaining to CHSs and/or cooperating
witnesses, counsel for the defendant shall retrieve said material from his/her client within a
reasonable time and abide hereafter by the discovery limitations set forth herein .
7. 	If counsel for any defendant desires to disclose any of the materials containing
confidential, sensitive, or protected infonnation pertaining to CHSs and/or cooperating witnesses,
or make available or communicate the content of such materials to any other person, counsel may
advise counsel for the government and seek the consent of government's counsel or may petition
the court ex parte for pern1ission to do so.
8. 	Upon tennination of these actions and after the time for appeal and/or post-
conviction (i .e. habeas corpus or collateral attack under 18 U.S.C. §2255) has expired, counsel for
the defendants shall return all copies of the discovery mate ri als containing confidential, sensitive,
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or protected information pertaining to CHSs and/or cooperating witnesses to the United States,
shall certify that said documents have been destroyed, or may maintain any part of the discovery,
provided that it is stored in a way that makes any protected information inaccessible to any third
parties.
9. 	The restrictions set forth in this Order do not apply to documents that are or become
part of the public court record, including documents that have been received in evidence at other
trials, nor do the restrictions in this Order limit defense counsel in the use of discovery materials
in judicial proceedings in this case.
10. 	Nothing contained in this Order shall preclude any party from applying to this Court
for further relief or for modification of any provision hereof.
Date:
Hon. Tilmat E. Self, III
United States District Court
Middle District of Georgia
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