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 

ELIZABETH A. STRANGE 

First Assistant United States Attorney 

ANNA WRIGHT

Assistant U.S. Attorney 

NATHANIEL J. WALTERS 

Assistant U.S. Attorney 

State Bar No.: 029708 

405 West Congress, Suite 4800 

Tucson, Arizona 85701-5040 

Telephone: (520) 620-7300 

E-mail: anna.wright@usdoj.gov 

 nathaniel.walters@usdoj.gov 

Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America,

 Plaintiff, 

 vs. 

Scott Daniel Warren, 

 Defendant.

18-CR-223-TUC-RCC (BPV) 

GOVERNMENT’S RESPONSE TO 

DEFENDANT’S MOTION TO COMPEL 

DISCLOSURE AND FOR SANCTIONS 

The United States of America, by and through its undersigned attorneys, hereby 

responds to the defendant’s Motion to Compel Disclosure and for Sanctions. Doc. 138. 

Contrary to the defendant’s assertions, the government has worked diligently and in good 

faith to comply with the Court’s Order requiring the government to “disclose any emails 

or texts sent to the two agents surveilling the Barn from 8:00 a.m. until the two agents went 

off duty on January 17, 2018.” Doc. 135 at 3. Accordingly, the defendant has not shown 

good cause to impose sanctions on counsel for the government in this matter. In support of 

its position, the government offers the following: 

1. Trial is currently scheduled for January 8, 2019. However, in prior 

discussions the parties agreed that trial will not go forward on this date and that a date in 

March is realistic. See Doc. 138-1 at 3. 

Case 4:18-cr-00223-RCC-BPV Document 139 Filed 12/04/18 Page 1 of 3
- 2 - 

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 

2. The Court’s Order regarding the defendant’s selective enforcement claim 

issued on November 7, 2018. The next day, counsel for the government provided a copy 

of the order to the United States Border Patrol. In addition, counsel for the government

requested that Border Patrol’s E-Discovery Unit conduct a search for all emails or texts 

sent to Border Patrol Agents Brendan Burns and John Marquez on January 17, 2018, 

beginning at 8:00 a.m. and continuing through midnight. Counsel for the government also 

requested that Agents Burns and Marquez search their own records for these items. 

3. On November 21, 2018, the government received the requested materials 

from the E-Discovery Unit. 

4. Counsel for the government was on annual leave beginning on the afternoon 

of November 20, 2018, and returning the morning of November 26, 2018. 

5. Upon returning to the office, counsel for the government provided the 

requested materials from the E-Discovery Unit to the USAO Automated Litigation Support 

Section, which prepared the materials for disclosure on November 27, 2018. 

6. Beginning on November 9, 2018, Agents Burns and Marquez provided the 

requested materials to the government. Based on the materials received, the government 

requested that Agents Burns and Marquez provide additional materials. The government 

received the last of these materials on the afternoon of November 30, 2018.

7. Beginning on that same afternoon, November 30, the Tucson Office of the 

USAO experienced office-wide technical difficulties that precluded counsel for the

government from preparing the last of these materials for disclosure. The technical 

difficulties were not resolved until three days later on the morning of December 4, 2018. 

8. On December 4, shortly after the technical difficulties were resolved, the 

government provided all of the responsive materials to the Court in camera with a plan for 

disclosure. The Court issued a letter approving of the government’s disclosure plan that 

same day. In accordance with the government’s in camera submission and the Court’s 

letter, the government provided disclosure to the defendant on the afternoon of December 

4, 2018. 

Case 4:18-cr-00223-RCC-BPV Document 139 Filed 12/04/18 Page 2 of 3
- 3 - 

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 

9. The government has worked diligently and in good faith to comply with the 

Court’s Order. The government has timely and fully complied with the Court’s Order by 

providing the materials in camera to the Court and then to the defendant on December 4. 

10. The defendant has not shown good cause to impose sanctions on counsel for 

the government. Accordingly, the government respectfully requests that the Court deny 

the defendant’s Motion to Compel Disclosure and for Sanctions in its entirety. 

 Respectfully submitted this 4th day of December, 2018. 

 

ELIZABETH A. STRANGE

First Assistant United States Attorney 

 District of Arizona 

 /s/ Anna R. Wright & Nathaniel J. Walters

 ANNA WRIGHT &

 NATHANIEL J. WALTERS 

 Assistant U.S. Attorneys 

Copy of the foregoing served electronically or by 

other means this 4th day of December, 2018, to: 

All ECF participants 

Case 4:18-cr-00223-RCC-BPV Document 139 Filed 12/04/18 Page 3 of 3