govinfo:USCOURTS-cand-5_11-cr-00355-23

SECOND 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 
 
CYNTHIA FREY (DCBN 475889) 
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: Cynthia.Frey@usdoj.gov
 
 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., 
 
Def
endants. 
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CASE NO. CR 11-00355 DLJ 
 
SECOND 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 in a Second Superseding Indictment with violations of: Title 18, 
United States Code, Section 1962(d) B Racketeering Conspiracy; Title 18, United States Code, Section 
1959(a)(5) B Conspiracy to Commit Murder in Aid of Racketeering; Title 18, United States Code, 
Section 1959(a)(6) B Conspiracy to Commit Assault with a Deadly Weapon in Aid of Racketeering; 
Title 18, United States Code, Section 924(c)(1)(A) and 2 - Use/Possession of Firearm in Furtherance of 
Crime of Violence; Title 18, United States Code, Section 1959(a)(1) and 2 - Murder in Aid of 

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SECOND PROTECTIVE ORDER 
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Racketeering; Title 18, United States Code, Section 1959(a)(5) and 2 - Attempted Murder in Aid of 
Racketeering; Title 18, United States Code, Section 1959(a)(3) and 2 - Assault with a Dangerous 
Weapon in Aid of Racketeering; Title 21, United States Code, Sections 846, 841(a)(1), and 
841(b)(1)(A)(viii) B Conspiracy to Distribute Methamphetamine; Title 21, United States Code, Sections 
841(a)(1) and 841(b)(1)(A)(viii) B 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) B 
Possession with Intent to Distribute and Distribution of 5 Grams or More Methamphetamine; Title 18, 
United States Code, Section 924(c)(1)(A) and 2 - Use/Possession of Firearm in Furtherance of a Drug 
Trafficking Crime; Title 18, United States Code, Section 922(g)(1) B Felon in Possession of a Firearm 
and Ammunition; Title 18, United States Code, Section 922(k) B Possession of a Firearm with Serial 
Number Removed. Per the defendants’ requests, the United States will produce documents and audio 
and video recordings pertaining to the defendants and the charged racketeering, conspiracies, murder, 
attempted murders, assaults, 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, room 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; 

 
 
 
SECOND PROTECTIVE ORDER 
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 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. 
 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. 

 
 
 
SECOND PROTECTIVE ORDER 
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 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 
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: April 17, 2014 /s/ 
 CYNTHIA FREY 
 STEPHEN MEYER 
 AMIE D. ROONEY 
 Assistant United States Attorneys 
 
 /s/ 
Dated: April 17, 2014 
 THOMAS J. FERRITO 
 Counsel for defendant MIGUEL MIRANDA 
 
 
 

 
 
 
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Dated: April 17, 2014 /s/ 
 MICHAEL HINKLEY 
 Counsel for defendant JESSE AGUILAR 
 
 
Dated: April 17, 2014 /s/ 
 W. MICHAEL WHELAN 
 Counsel for defendant FRANCISCO FONSECA 
 
 
Dated: April 17, 2014 /s/ 
 FRANK BELL 
 Counsel for defendant JORGE CISNEROS 
 
 
 
Dated: April 17, 2014 /s/ 
 ROBERT CAREY 
 Counsel for defendant DANIEL CORTEZ 
 
 
Dated: April 17, 2014 /s/ 
 JAMES M. THOMPSON 
 Counsel for defendant JOSE DAVID SANCHEZ 
 
 
Dated: April 17, 2014 /s/ 
 KENNETH H. WINE 
 Counsel for defendant JUAN CHAVEZ 
 
 
Dated: April 17, 2014 /s/ 
 GRAHAM E. ARCHER 
 Counsel for defendant MARCOS LOMELI 
 
 
 
Dated: April 17, 2014 /s/ 
 JACK GORDON 
 Counsel for defendant JESSE PARRA 
 
 
Dated: April 17, 2014 /s/ 
 HUGH LEVINE 
 Counsel for defendant ANDY LAMB LOPEZ 
 
 
 

 
 
 
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Dated: April 17, 2014 /s/ 
 ALLEN SCHWARTZ 
 Counsel for defendant J OSE ANGEL MORENO 
 
 
Dated: April 17, 2014 /s/ 
 MICHELLE SPENCER 
 Counsel for defendant F ERNANDO CRUZ 
 
 
Dated: April 17, 2014 /s/ 
 RICHARD POINTER 
 Counsel for defendant J ESUS ARMENDARIZ 
 
 
 
Dated: April 17, 2014 /s/ 
 ALFREDO MORALES 
 Counsel for defendant F ELIX CRISTOBAL 
 
 
Dated: April 17, 2014 /s/ 
 PETER LEEMING 
 Counsel for defendant M ARIO GUERRERO 
 
 
Dated: April 17, 2014 /s/ 
 MICHAEL STEPANIAN 
 Counsel for defendant R AFAEL MARISCAL 
 CAMBEROS 
 
Dated: April 17, 2014 /s/ 
 ADAM PENNELLA 
 Counsel for defendant M ARIO CARDENAS 
 
 
 
 
IT IS SO ORDERED that disclosure of the above-described materials shall be restricted as set 
forth above. 
 
 
DATED: 0D\ ___, 2014 
 HONORABLE D. LOWELL JENSEN 
 United States District Judge 


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