UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 05-cr-057-JD

Gordon Reid

SEALED ORDER

Gordon Reid moves ex parte and under seal seeking two

subpoenas duces tecum pursuant to Federal Rule of Criminal

Procedure 17(c). Specifically, Reid wants to subpoena insurance

records related to the robbery of the Hess Express store on

February 13, 2005, and records from John’s Wrecker Service

pertaining to towing or moving a Chevrolet Geo Metro from the

parking lot behind the Merrimack County Superior Court.

“A subpoena may order the witness to produce any books,

papers, documents, data, or other objects the subpoena

designates.” Fed. R. Crim. P. 17(c). Rule 17(c) does not

provide a means for discovery in criminal cases. Cheney v. U.S.

Dist. Court for Dist. of Columbia, 542 U.S. 367, 386 (2004). To

obtain a subpoena for the materials Reid seeks before trial, he

must show:

(1) that the documents are evidentiary and relevant;

(2) that they are not otherwise procurable reasonably

in advance of trial by exercise of due diligence; (3)

that the party cannot properly prepare for trial

without such production and inspection in advance of

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trial and that the failure to obtain such inspection

may tend unreasonably to delay the trial; and (4) that

the application is made in good faith and is not

intended as a general “fishing expedition.”

United States v. Nixon, 418 U.S. 683, 698-700 (1974). 

I. Motion for Records from John’s Wrecker Service

Reid seeks records from John’s Wrecker Service pertaining to

towing or moving the Chevrolet Geo Metro, that he allegedly drove

from Manchester to Concord, from the parking lot behind the

Merrimack County Superior Court. Reid notes that there was snow

on the ground on February 13, 2005, when the robbery occurred,

but that some of the government’s photographs of the car do not

show snow. He contends that the records from the wrecker service

are relevant to his theory that the government staged some of the

pictures of the car because of the lack of snow in some of the

pictures.

Although the records Reid seeks may be only tangentially

relevant to impeach the government’s proof, his request is

granted.

II. Motion for Insurance Records

Reid seeks records from Hess Express related to any

insurance claim made for its loss caused by the robbery on

February 13, 2005. He contends that because the testimony during

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his first trial was not consistent as to the amount of money that

was stolen in the robbery, the insurance records are necessary to

establish that amount for purposes of showing that the effect of

the robbery on interstate commerce was de minimis and that the

money found near him at the time of his arrest was not the money

that was stolen from the station.

A. Affecting Interstate Commerce

The Hobbs Act makes a robbery that “in any way or degree

obstructs, delays, or affects [interstate] commerce” a federal

offense. 18 U.S.C. § 1951(a)(1); United States v. JimenezTorres, 435 F.3d 3, 7 (1st Cir. 2006). Even a de minimis effect

on interstate commerce satisfies that element of a Hobbs Act

offense. Id. Robberies involving small amounts of money taken

from businesses engaged in interstate commerce affect interstate

commerce for purposes of the Hobbs Act. See United States v.

Curtis, 344 F.3d 1057, 1069-70 (10th Cir. 2003). In addition, a

robbery that causes a temporary closure of a business engaged in

interstate commerce affects interstate commerce for purposes of

the Hobbs Act. United States v. Vega Molina, 407 F.3d 511, 527

(1st Cir. 2005); accord Jiminez-Torres, 435 F.3d at 8. 

Reid does not dispute that Hess Express is engaged in

interstate commerce. Witnesses testified at Reid’s first trial

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that money and a six pack of beer were stolen from the Hess

Express store and that the store was closed after the robbery,

during the police investigation. Evidence that money was stolen

from the store and that the robbery caused its temporary closure

would satisfy the interstate commerce element of the Hobbs Act,

without requiring proof of the exact amount of money taken in the

robbery. Therefore, because evidence of the amount of money

stolen is not material in this case, Reid has not shown that the

insurance records he seeks are relevant to the interstate

commerce element of the Hobbs Act.

B. Money from Robbery

Reid contends that the $240 in cash that was recovered from

the area near him when he was arrested was his money and was not

money taken in the robbery. In support of his motion, Reid

states that witnesses testified at his first trial that different

amounts were taken during the robbery, ranging from $160 to $290. 

He seeks insurance records pertaining to the robbery to “firmly

establish” the amount that Hess Express claimed was stolen in the

robbery. A subpoena will be issued to Hess Express for copies of

its insurance records arising from the robbery on the night of

February 13, 2005.

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Conclusion

For the foregoing reasons, the defendant’s ex parte motion

for issuance of a subpoena duces tecum to John’s Wrecker Service

(document no. 301) and his ex parte motion for issuance of a

subpoena duces tecum to Hess Express (document no. 300) are

granted. The documents or materials designated in the subpoenas

shall be produced, under seal, to the clerk of court. When the

items arrive, the court will permit Reid to inspect them. 

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

June 9, 2006

cc: Gordon Reid, pro se

Michael J. Iacopino, Esquire

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