Case 3:18-cr-04683-GPC Document 48 Filed 01/11/19 PageID.165 Page 1 of 5
`
`
`
`ADAM L. BRAVERMAN
`United States Attorney
`MELANIE K. PIERSON
`Assistant U.S. Attorney
`California Bar No. 112520
`Office of the U.S. Attorney
`880 Front Street, Room 6293
`San Diego, CA 92101
`Tel: (619) 546-7976
`Fax: (619) 546-0420
`Email: Melanie.Pierson@usdoj.gov
`
`Attorneys for the United States
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`UNITED STATES OF AMERICA,
`Case No. 18cr4683-GPC
`
` GOVERNMENT’S MOTION FOR RECIPROCAL
`
`Plaintiff,
`DISCOVERY
`
`v.
`
`
`JACOB BYCHAK (1),
`
`MARK MANOOGIAN (2),
`MOHAMMED ABDUL QAYYUM (3),
`
`
`Defendants.
`
`
`
`
`
`
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
` 26
`
` 27
`
` 28
`
`
`
`
`COMES NOW the plaintiff, United States of America, by and
`through its counsel, United States Attorney Adam L. Braverman and
`Assistant U.S. Attorney Melanie K. Pierson, and hereby files its
`Motion for Reciprocal Discovery. Said Response is based on the
`files and records of the case.
`
`DATED: January 11, 2019
`
`
`
`
`
`
`
`
`/s/Melanie K. Pierson
`Assistant U.S. Attorney
`
`
`
`
`
`
`Government’s Motion for Reciprocal Discovery 18cr4683-GPC
`
`Respectfully submitted,
`ADAM L. BRAVERMAN
`United States Attorney
`
`

`

`Case 3:18-cr-04683-GPC Document 48 Filed 01/11/19 PageID.166 Page 2 of 5
`
`
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
` 26
`
` 27
`
` 28
`
`
`
`
`
`
`
`
`
`I.
`
`STATEMENT OF FACTS
`
`The Government incorporates herein the Statement of Facts set
`forth in its Response and Opposition to the Defendants’ Motion for
`Discovery.
`
`II
`POINTS AND AUTHORITIES
`THE COURT SHOULD ORDER THE DEFENDANTS TO PROVIDE RECIPROCAL
`A.
`
`DISCOVERY.
`
`RULE 16(b)
`1.
`The defendants have invoked Federal Rule of Criminal Procedure
`16(a) in the defense motions for discovery. Further, the Government
`has voluntarily complied with the requirements of Federal Rule of
`Criminal Procedure 16(a). Thus, the 16(b) provision of that rule
`is applicable and should presently be determined to be operable as
`to the defendants.
`The Government, pursuant to Rule 16(b), hereby requests that
`the defendants permit the Government to inspect, copy, and
`photograph any and all books, papers, documents, data, photographs,
`tangible objects, buildings or places, or make copies of portions
`thereof, which are within the possession, custody or control of the
`defendants and which they intend to introduce as evidence in their
`case-in-chief at trial.
`The Government further requests that it be permitted to inspect
`and copy or photograph any results or reports of physical or mental
`examinations, and of scientific tests or experiments made in
`connection with this case, which are in the possession or control
`
`Government’s Motion for Reciprocal Discovery 18cr4683-GPC
`
`

`

`Case 3:18-cr-04683-GPC Document 48 Filed 01/11/19 PageID.167 Page 3 of 5
`
`
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
` 26
`
` 27
`
` 28
`
`
`
`of the defendants, which they intend to introduce as evidence-in-
`chief at the trial or which were prepared by a witness whom the
`defendants intend to call as a witness.
`The Government also requests a written summary of any testimony
`the defendants intend to use under Rules 702, 703 or 705 of the
`Federal Rules of Evidence, which describe the witness= opinions, the
`bases and reasons for those opinions, and the witness=
`qualifications. The Government also requests that the court make
`such orders as it deems necessary under Rule 16(d)(1) and (2) to
`
`insure that the Government receives the discovery to which it is
`entitled.
`RULE 26.2
`2.
`Federal Rule of Criminal Procedure 26.2 requires the production
`of prior statements of all witnesses, except the defendants. The
`rule thus provides for the reciprocal production of Jencks
`statements. The time frame established by the rule requires the
`statement to be provided after the witness has testified, as in the
`Jencks Act. Therefore, the Government hereby requests that the
`defendants be ordered to supply all prior statements of defense
`witnesses by a reasonable date before trial to be set by the court.
`This order should include any form these statements are memorialized
`in, including but not limited to, tape recordings, handwritten or
`typed notes and/or reports.
`
`//
`
`//
`
`//
`
`//
`
`//
`
`Government’s Motion for Reciprocal Discovery 18cr4683-GPC
`
`

`

`Case 3:18-cr-04683-GPC Document 48 Filed 01/11/19 PageID.168 Page 4 of 5
`
`
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
` 26
`
` 27
`
` 28
`
`
`
`
`
`
`
`
`
`III
`CONCLUSION
`
`On the basis of the foregoing, the Government respectfully
`requests that the Government=s Motion for Reciprocal Discovery be
`granted.
`
`
`
`DATED: January 11, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`ADAM L. BRAVERMAN
`United States Attorney
`
` s/Melanie K. Pierson
`MELANE K. PIERSON
`Assistant U.S. Attorney
`
`
`Government’s Motion for Reciprocal Discovery 18cr4683-GPC
`
`

`

`Case 3:18-cr-04683-GPC Document 48 Filed 01/11/19 PageID.169 Page 5 of 5
`
`
`CERTIFICATE OF SERVICE
`
`
`
`UNITED STATES OF AMERICA, )
` )
`Plaintiff,
`)
`)
`)
`)
`
`)
`JACOB BYCHAK (1),
`)
`
`MARK MANOOGIAN (2),
`)
`MOHAMMED ABDUL QAYYUM (3),
`)
`)
`Defendants.
`)
` )
`
`IT IS HEREBY CERTIFIED THAT:
`
`I, MELANIE K. PIERSON, am a citizen of the United States and am at
`least eighteen years of age. My business address is 880 Front Street,
`Room 6293, San Diego, California 92101-8893.
`
`I am not a party to the above-entitled action. I have caused
`service of the Government’s Motion for Reciprocal Discovery on the
`opposing parties by electronically filing the foregoing with the Clerk
`of the District Court using its ECF System, which electronically notifies
`them.
`
`I declare under penalty of perjury that the foregoing is true and
`correct.
`
`Executed on January 11, 2019.
`
`s/ Melanie K. Pierson
`MELANIE K. PIERSON
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 18-CR4683-GPC
`
`
`
`
`
`
`
`
`
`v.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.