Alvarez
United States v. Alvarez
Opinion
Opinion
Florence-Cooper, J.
ORDER DISMISSING INDICTMENT
For the reasons recited in this Order, the Court hereby dismisses the Indictment returned against defendants Eulogio Alvarez-Morales, Isai Rodriguez, and Juan Carlos Arreola-Jiminez, as a sanction for the Government’s refusal to comply with the Court’s Discovery Order.
Procedural History
On December 11, 2002, defendants were charged in an indictment with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. On February 24, 2003, defendant Alvarez-Morales filed a Motion for Discovery re Informants. In that motion, defendant sought information concerning the identity of the informant(s) used by the Government in the sting operation which resulted in the defendants’ arrest, as well as documents regarding all telephone calls between the informant(s) and the defendant. Defendant also sought information concerning whether there was in fact more than one informant involved in the case. The defense requested all impeachment information available to the Government regarding the informant(s), including information concerning any other cases in which he or they had testified.