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United States v. Hamzeh

United States District Court, E.D. Wisconsin

July 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SAMY MOHAMMED HAMZEH, Defendant.

          ORDER

          WILLIAM E. DUFFIN U.S. MAGISTRATE JUDGE.

         On July 11, 2018, Samy Hamzeh filed a Second Motion for Production of Brady Material and to Compel Discovery. (ECF No. 135.) On July 20, 2018, Hamzeh filed a Motion to Compel and Enforce Compliance With This Court's Prior Order. (ECF No. 144.) In each motion Hamzeh asks the court to order the government to disclose the information requested, which in some instances the court already ordered the government to disclose. Hamzeh also filed a motion for a spoliation hearing.

         On July 24, 2018, the court held a hearing regarding the motions to compel. The government did not oppose any aspect of Hamzeh's motions. Rather, it stated it had either provided as much information as it had on the matter or would do so.

         Therefore, to the extent the motions are not moot, the motions (ECF Nos. 135, 144) are granted as follows.

         The court orders that, to the extent responsive information is within the government's possession, custody, or control, the government shall disclose to the defense not later than August 8, 2018 the following:

1. “any phone numbers that Steve or Mike were using when texting with the agents”;
2. “the agents who texted with the informants and the phone numbers from which they contacted the informants”;
3. “[a]ll texts/SMS, IM plus e-mail on both the FBI internal (FBI net) and FBI official external (Internet Café-IC) to/from all agents, TFOs, CHSs or professional support staff relating in any way to the investigation”; and 4. “[t]oll records for UCE and CHS phones for all contact made with Hamzeh's phones.”

         (ECF No. 135 at 5-6.)

5. “[a]ll updated Giglio material”;
6. “[a]ny requests by any informant for immigration assistance of any type or any immigration benefits offered or received or contemplated”;
7. “[w]hether any informant has received post-conviction benefits in any case for their cooperation”;
8. “all money paid in total for any purpose to the CHS including both expenses and services”;
9. “the amount of money paid related strictly to the Hamzeh case (Services Expense broken out ...

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