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United States v. Basaldua-Lopez

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 27, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NOEL BASALDUA-LOPEZ, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on the Supplemental Ex Parte Motion and Application for Issuance of Subpoenas Duces Tecum Pursuant to Rule 17(c) Federal Rules of Criminal Procedure brought by Defendant Noel Basaldua-Lopez (Doc. 17) and the Motion to Quash Subpoena Duces Tecum brought by Plaintiff United States of America (Doc. 20). Defendant, who currently is an inmate in the custody of the Federal Bureau of Prisons ("BOP") at United States Penitentiary Marion ("USP Marion"), has pleaded guilty to the offenses of assault with a dangerous weapon with intent to do bodily harm without just cause or excuse, in violation of 18 U.S.C. § 113(a)(3), and possession of contraband by a federal inmate, in violation of 18 U.S.C. § 1791(a)(2) and (b)(3), in connection with an assault by Defendant on another inmate at USP Marion. Defendant seeks production of documents from the master inmate files maintained by the BOP on Defendant and on the inmate Defendant assaulted for use at sentencing in this case. Having considered the matter carefully and conducted an ex parte hearing on Defendant's motion, the Court rules as follows. The Government's motion is DENIED. Defendant's motion is GRANTED. Copies of the Pre-Sentence Investigation Report ("PSR") that was prepared in connection with Defendant's sentencing for the crime for which he currently is in federal custody will be made available to counsel for both sides in this case. Counsel may pick up copies of Defendant's PSR at the office of the Clerk of Court.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20100127

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