Case 3:16-cr-00693-DB Document 243 Filed 12/15/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
UNITED STATES OF AMERICA
v.
JOHN TANNER (3)

CASE NO. 3:16-cr-693-3

MOTION FOR PRODUCTION (EARLIER THAN THE STANDARD ORDER

CALLS FOR) OF PLEA AGREEMENTS, PRESENTENCE INVESTIGATION
REPORTS, AND FBI 302s OF OTHER DEFENDANTS IN RELATED CASES TO
DEFENSE COUNSEL, AND AGREEMENT TO PROTECTIVE ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant John Tanner, by and through the undersigned defense counsel, Elizabeth Rogers
and Thomas W. Mills, Jr., presents this Motion for Production of Plea Agreements, Presentence
Investigation Reports, and FBI 302s at this time to the Assistant United States Attorney, Debra
Kanoff, and in support would show the Court the following:
I.
John Tanner is scheduled to go to trial on February 13, 2017. Defendant Tanner has
received 130,400 pages of discovery and is preparing subpoenas for more. Defendant Tanner has
not filed a Motion for Continuance, but will be. Over a million documents have recently been made
available to the defense to review. Defendants Lorenzo Garcia, Vanessa Foreman, Maria Flores,
and Damon Murphy have pled guilty, or are about to, in related cases and have either been
sentenced or will be awaiting sentencing at the time of the trial of this case. It is probable that they

MOTION FOR PRODUCTION (EARLIER THAN THE STANDARD ORDER CALLS FOR)
OF PLEA AGREEMENTS, PRESENTENCE INVESTIGATION REPORTS, AND
FBI 302s OF OTHER DEFENDANTS IN RELATED CASES TO DEFENSE COUNSEL,
AND AGREEMENT TO PROTECTIVE ORDER - Page 1

Case 3:16-cr-00693-DB Document 243 Filed 12/15/16 Page 2 of 3

will testify in the trial. Defense seeks authorization of the Court to make disclosures of the contents
of the plea agreements, presentence investigation reports, and FBI 302s for each of the four people,
with proper Protective Order limiting the access of these documents to defense counsel. Defendant
makes these requests pursuant to Federal Rule of Criminal Procedure Rule 16(a)(E)(i), as these
items are material to preparing the defense, and pursuant to the United States Constitutions
Sixth Amendment rights to confront and cross-examine witnesses and to effective assistance of
counsel, and Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150
(1972).
The U.S. Probation Office has prepared presentence investigation reports for
Defendant Garcia, Defendant Foreman, and Defendant Flores. Although presentence reports that
are in the possession of the Court or the Probation Officer are not typically discoverable without
sufficient cause, in this case these may contain Brady and Giglio material. United States v. Trevino,
556 F.2d 1265, 1271, n. 7 (5th Cir. 1977). These reports contain information needed for trial
preparation and for cross-examination and confrontation, as well as Brady information that the
defendants attorneys will use to prepare the defense.
As a result, defense counsel seeks authorization to obtain the plea agreements, presentence
investigation reports, and FBI 302s of Defendant Garcia, Defendant Foreman, and Defendant
Flores. The disclosure can be subject to a Protective Order issued by this Court, limiting disclosure
of the documents to the defense counsel.
WHEREFORE, the defense counsel respectfully prays that the Court grant this

MOTION FOR PRODUCTION (EARLIER THAN THE STANDARD ORDER CALLS FOR)
OF PLEA AGREEMENTS, PRESENTENCE INVESTIGATION REPORTS, AND
FBI 302s OF OTHER DEFENDANTS IN RELATED CASES TO DEFENSE COUNSEL,
AND AGREEMENT TO PROTECTIVE ORDER - Page 2

Case 3:16-cr-00693-DB Document 243 Filed 12/15/16 Page 3 of 3

Motion.
Respectfully submitted,
/s/ Elizabeth Rogers
ELIZABETH ROGERS
State Bar No. 17165400
509 N. 6th Street
Alpine, Texas 79830
lizrogersalpine@yahoo.com
432-538-7070
432-386-6567 - fax
/s/ Thomas W. Mills, Jr.
THOMAS W. MILLS, JR.
State Bar No. 14167500
MILLS & WILLIAMS, L.L.P.
5910 N. Central Expressway, Suite 980
Dallas, Texas 75206-5141
tmills@millsandwillilams.com
214-265-9265
214-363-3167 - fax
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of December, 2016, I electronically filed the
foregoing instrument, using the ECF system of this Court. A copy of this instrument is being
provided to all counsel of record via the ECF system of the court.

/s/ Thomas W. Mills, Jr.

THOMAS W. MILLS, JR.

MOTION FOR PRODUCTION (EARLIER THAN THE STANDARD ORDER CALLS FOR)
OF PLEA AGREEMENTS, PRESENTENCE INVESTIGATION REPORTS, AND
FBI 302s OF OTHER DEFENDANTS IN RELATED CASES TO DEFENSE COUNSEL,
AND AGREEMENT TO PROTECTIVE ORDER - Page 3