Guzman

MEMORANDUM *

Esay Guzman was arrested when marijuana was found in the paneling of a car he *49 drove across the Mexican border into the United States. A federal grand jury indicted Guzman on charges of importation of approximately 26.7 kilograms of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession of the same amount of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Initial discovery took place on November 21, 2002. One of the documents produced was a copy of U.S. Customs Agent Perry’s rough notes, which he took during the post-arrest interview. Soon thereafter, Guzman filed a motion to suppress all post-arrest statements, claiming a violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). In particular, Guzman sought to suppress his statement to Agent Perry which revealed that he was told that marijuana was in the car. On January 9, 2003, the district court held a suppression hearing and subsequently denied Guzman’s motion.

Five days after the suppression hearing and twenty-two days before trial, the government produced a second packet of discovery. This packet contained an exact duplicate of Agent…