IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

CASE# 1:10CR00027-SPM

vs.

CARLINE CENEUS,

CABIOCH BONTEMPS, and

WILLY PAUL EDOUARD

 _____________________________/

GOVERNMENT’S UNOPPOSED MOTION FOR PROTECTIVE ORDER TO

DISCLOSE IMMIGRATION FILE AND ORDER

COMES NOW the Government, by and through the undersigned attorneys, and hereby

applies to the Court for a protective order permitting disclosure of documents from the files of

the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). 

Specifically, the government seeks a protective order permitting disclosure of immigration files

of the thirty-five (35) victims in this case to defense counsels so that the government may satisfy

its discovery obligations. The undersigned has conferred with all three defense attorneys and

they have no objection to this motion. 

Title 8, United States Code, Section 1367(a)(2) prohibits the Department of Justice from

disclosing information about“an alien who is the beneficiary of an application for relief” under

certain provisions of the Immigration and Nationality Act. The statute does not appear to contain

a clear exception for disclosure to satisfy criminal discovery obligations. Title 18, United States

Code, Section 3500(a) (Jencks Act), however, does require production of “any statement . . .of

the witness in the possession of the United States which relates to the subject matter as to which

the witness has testified.” Furthermore, under the line of cases that include Brady v. Maryland,
373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), the government is

constitutionally required to provide to defense any evidence favorable to the accused and material

to guilt or punishment, including any evidence affecting government witnesses’ credibility.

Here, the victims’ immigration files contain statements and information that are

potentially discoverable under the Jencks Act, Brady and Giglio. The government, therefore,

moves the Court for an order permitting disclosure under the proposed protective order so that

the government may satisfy its discovery obligations. The government will also redact any

personal information including but not limited to social security numbers, addresses, etc. from

the files.

Respectfully Submitted,

PAMELA C. MARSH THOMAS E. PEREZ

United States Attorney ASSISTANT ATTORNEY GENERAL

CIVIL RIGHTS DIVISION

 /s/ F. T. Williams /s/ Adriana Vieco 

F. T. WILLIAMS ADRIANA VIECO

Assistant United States Attorney Trial Attorney, Civil Rights Division

Northern District of Florida Criminal Section

Florida Bar No. 0936219 U.S. Department of Justice

300 E. University Avenue, Suite 310 New York Bar No. 2687036

Gainesville, FL 32601 601 D Street NW, Room 5542

(352) 378-0996 Washington, DC 20530

(202) 305-4116 

 

 /s/ Roy Conn III 

 ROY CONN III

Trial Attorney, Civil Rights Division

 Criminal Section

U.S. Department of Justice

District of Columbia No. 388208

601 D Street NW, Room 5528

Washington, DC 20530

(202) 514-4164
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

CASE# 1:10CR00027-SPM

vs.

CARLINE CENEUS,

CABIOCH BONTEMPS, and

WILLY PAUL EDOUARD

 _____________________________/

GOVERNMENT’S PROPOSED PROTECTIVE ORDER

This Court, having found good cause, hereby ORDERED AND ADJUDGED that the

government is PERMITTED to disclose the thirty-five (35) victims’ immigration file to the

defense, subject to the following conditions:

1. Disclosure shall be limited to each defense attorney of record and to any attorney,

paralegal, investigator, or support staff in that attorney's office who is directly

involved in the defense of this case; 

2. Defense counsel may provide defendants the opportunity to review the victims’

immigration files, in their presence, for the limited purpose of assisting in the

defense of the case. Defense counsel shall not, under any circumstances, provide

defendants with copies of the thirty-five (35) victims’ immigration files and shall

not permit any person to disclose in any manner the personal identifying and

private financial information of third parties.

3. If defense counsel determines that additional persons are needed to review the

materials, he must obtain further order of the Court before allowing any other
individuals to review the material. 

4. A copy of this order shall be maintained with the materials at all times.

5. The contents of the thirty-five (35) victims’ immigration files may be duplicated to

the extent necessary to prepare the defense of this matter. Any pleadings that

attach documents from the thirty-five (35) victims’ immigration files must be filed

under seal.

6. Within ten court days of the judgment and sentencing hearing in this matter, the

thirty-five (35) victims’ immigration files, as provided to defense counsel pursuant

to this Order, and all other authorized copies, if any, shall be returned to the

government. The government shall destroy them. If the defendant or defense

counsel believes that he or she must maintain the materials for any reason related

to appeal, the defendant must seek authorization from the District Court within five

days fo the sentencing and judgement in this matter.

7. If either party seeks a modification of this order, the moving party must seek

permission of this Court pursuant to a motion filed under seal.

DONE AND ORDERED this ____ of October, 2011.

_____________________________

STEPHAN P. MICKLE

Senior United States District Judge
 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by

electronic delivery and U.S. Mail delivery this 18 day of October 2011, to Lloyd L. Vipperman, th

Jr., Attorney for Defendant Carline Ceneus; Huntley Johnson, Attorney for Defendant Willy Paul

Edouard; and Darren J. Johnson, Assistant Federal Public Defender, Attorney for Defendant

Cabioch Bontemps.

 /s/ Adriana Vieco 

ADRIANA VIECO

Trial Attorney, Civil Rights Division