govinfo:USCOURTS-cand-5_11-cr-00355-16

PROTECTIVE ORDER 
CR 11-00355 DLJ 1 
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MELINDA HAAG (CABN 132612) 
United States Attorney 
 
J. DOUGLAS WILSON (DCBN 412811) 
Chief, Criminal Division 
 
STEPHEN MEYER (CABN 263954) 
AMIE D. ROONEY (CABN 215324) 
Assistant United States Attorney 
 
 150 Almaden Boulevard, Suite 900 
 San Jose, CA 95113 
 Telephone: (408) 535-5032 
 Fax: (408) 535-5081 
 E- Mail: Stephen.Meyer@usdoj.gov
 
 Amie.Rooney@usdoj.gov 
 
Attorneys for the United States of America
 
 
 
UNITED STATES DISTRICT COURT 
 
NORTHERN DISTRICT OF CALIFORNIA 
 
SAN JOSE DIVISION 
 
UNITED STATES OF AMERICA, 
v. 
MIGUEL MIRANDA, et al., 
 
Defen
dants. 
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CASE NO. CR 11-00355 DLJ 
 
STIPULATION AND [] PROTECTIVE 
ORDER REGARDING DISCOVERY MATERIALS 
 
 
With the agreement of the parties and defendant’s consent, the Court enters the following Order. 
The defendants are charged with violations of: Title 21, United States Code, Sections 846, 
841(a)(1), and 841(b)(1)(A)(viii), Conspiracy to Distribute Methamphetamine; Title 21, United States 
Code, Sections 841(a)(1) and 841(b)(1)(A)(viii), Possession with Intent to Distribute and Distribution of 
50 Grams or More of Methamphetamine; Title 21, United States Code, Sections 841(a)(1) and 
841(b)(1)(B)(viii), Possession with Intent to Distribute and Distribution of 5 Grams or More 
Methamphetamine; Title 18, United States Code, Section 922(g)(1), Felon in Possession of a Firearm 
and Ammunition; Title 18, United States Code, Section 922(k), Possession of a Firearm with Serial 

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PROTECTIVE ORDER 
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Number Removed. Per the defendants’ requests, the United States will produce documents and audio 
and video recordings pertaining to the defendants and the charged drug and gun transactions 
(hereinafter, the “DISCOVERY MATERIALS”) to defense counsel, in lieu of making those 
DISCOVERY MATERIALS available for review only. Any such materials are deemed produced 
pursuant to the following restrictions: 
 1. Except when actively being examined for the purpose of the preparation of the 
defense of defendant, the DISCOVERY MATERIALS shall be maintained in a locked, safe, and secure 
drawer, cabinet, or safe or secure electronic device (e.g., computer, memory stick), which is accessible 
only to defense counsel, members of his or her law firm who are working with him or her to prepare 
defendant’s defense, and his or her investigator(s). Defense counsel, members of his or her law firm, 
defendant, and the investigator(s) shall not permit any person access of any kind to the DISCOVERY 
MATERIALS except as set forth below. 
 2. The following individuals may examine the DISCOVERY MATERIALS for the 
sole purpose of preparing the defense of defendant and for no other purpose: 
 a) counsel for defendant; 
 b) members of defense counsel’s law office who are assisting with the 
preparation of defendant’s defense; 
 c) defendant, but only in the presence of defense counsel or another 
authorized person listed in this paragraph (defendant may not take or 
maintain the DISCOVERY MATERIALS or copies thereof); and 
 d) investigators and/or experts retained by defendant to assist in the defense 
of this matter. 
If defense counsel determines that additional persons are needed to review the 
DISCOVERY MATERIALS, he or she must obtain a further order of the Court before allowing any 
other individual to review the materials. 
 3. A copy of this Order shall be maintained with the DISCOVERY MATERIALS at 
all times. 

 
 
 
PROTECTIVE ORDER 
CR 11-00355 DLJ 3 
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 4. All individuals other than defense counsel and defendant who receive access to 
the DISCOVERY MATERIALS, prior to receiving access to the materials, shall sign a copy of this 
Order acknowledging that: 
 a) they have reviewed the Order; 
 b) they understand its contents; 
 c) they agree that they will only access the DISCOVERY MATERIALS for 
the purposes of preparing a defense for defendant; and 
 d) they understand that failure to abide by this Order may result in sanctions 
by this Court. 
Counsel for defendant shall either: (1) send signed copies of the Order to counsel 
for the United States; or (2) file signed copies of the Order, ex parte and under seal. The United States 
shall have no access to the signed copies filed under seal without further order of the Court. 
 5. No other person shall be allowed to examine the DISCOVERY MATERIALS 
without further order of the Court. Examination of the DISCOVERY MATERIALS shall be done in a 
secure environment which will not expose the materials to other individuals not listed above. 
 6. The DISCOVERY MATERIALS may be duplicated to the extent necessary to 
prepare the defense of this matter. Any duplicates will be treated as originals in accordance with this 
Order. 
 7. If the DISCOVERY MATERIALS are attached to any pleadings or other court 
submissions, the DISCOVERY MATERIALS and any pleadings or submissions referencing those 
materials shall be filed or lodged under seal. 
 8. The defense team shall return the DISCOVERY MATERIALS (and any duplicate 
copies of the same) to the United States fourteen calendar days after any one of the following events, 
whichever is latest in time, occurs: dismissal of all charges against defendant; defendant’s acquittal by 
court or jury; or the conclusion of any direct appeal. 
 9. After the conclusion of proceedings in the district court or any direct appeal in the 
above-captioned case, the United States will maintain a copy of the DISCOVERY MATERIALS. The 
United States will maintain the DISCOVERY MATERIALS until the time period for filing a motion 

 
 
 
PROTECTIVE ORDER 
CR 11-00355 DLJ 4 
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pursuant to 28 U.S.C. § 2255 has expired. After the statutory time period for filing such a motion has 
expired, the United States may destroy the DISCOVERY MATERIALS. In the event defendant is 
represented by counsel and files a motion pursuant to 28 U.S.C. § 2255, the United States will provide 
that counsel with a copy of the DISCOVERY MATERIALS under the same restrictions as trial and 
direct appeal defense counsel. Defendant’s attorney in any action under 28 U.S.C. § 2255 shall return 
the same materials fourteen calendar days after the district court’s ruling on the motion or fourteen 
calendar days after the conclusion of any direct appeal of the district court’s denial of the motion, 
whichever is later. 
 MELINDA HAAG 
 United States Attorney 
 
Dated: March 14, 2014 /s/ 
 CYNTHIA FREY 
 STEPHEN MEYER 
 AMIE D. ROONEY 
 Assistant United States Attorneys 
 
 
Dated: March 14, 2014 /s/ 
 ROBERT CAREY 
 Counsel for defendant DANIEL CORTEZ 
 
 
Dated: March 14, 2014 /s/ 
 MICHAEL HINKLEY 
 Counsel for defendant JESSE AGUILAR 
 
 
Dated: March 14, 2014 /s/ 
 W. MICHAEL WHELAN, JR. 
 Counsel for defendant FRANCISCO FONSECA 
 
 
Dated: March 14, 2014 /s/ 
 JACK GORDON 
 Counsel for defendant JESSE PARRA 
 
 
Dated: March 14, 2014 /s/ 
 MICHELLE SPENCER 
 Counsel for defendant FERNANDO CRUZ 
 

 
 
 
PROTECTIVE ORDER 
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Dated: March 14, 2014 /s/ 
 J AMES M. THOMPSON 
 Counsel for defendant JOSE DAVID SANCHE Z 
 
 
 
 
IT IS SO ORDERED that disclosure of the above-described materials shall be restricted as set 
forth above. 
 
 
DATED: $SULO, 2014 
 HONORABLE D. LOWELL JENSEN 
 United States District Judge 

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