United States District Court, D. Columbia
ALEJANDRO CHAPA, Defendant: Diane S. Lepley, LEAD ATTORNEY,
LAW OFFICES OF DIANE S. LEPLEY, Washington, DC.
USA, Plaintiff: Barry Wiegand, James Stephen Sweeney, LEAD
ATTORNEYS, William John O'Malley, Jr., U.S.
ATTORNEY'S OFFICE, Washington, DC; George Peter
Eliopoulos, LEAD ATTORNEY, Zia Mustafa Faruqui, U.S.
ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA,
Washington, DC; Thomas A. Gillice, LEAD ATTORNEY, U.S.
ATTORNEY'S OFFICE, Criminal Division, Washington, DC.
KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.
before the Court is Defendant Alejandro Chapa's 
Motion to Compel Additional Discovery and Chapa's 
Renewed Motion to Compel Discovery. Chapa requests that this
Court compel the Government to produce certain evidence that
is related to the investigation of FBI Special Agent Matthew
Lowry and/or to the instant action. Upon a searching review
of the parties' submissions, the relevant authorities,
and the record as a whole, the Court shall grant Chapa's
request for discovery only as to certain information related
to the 13 seized packages, 12 of which later tested positive
for heroin and 1 of which tested positive for a heroin
derivative. Accordingly, the Court shall GRANT IN PART and
DENY IN PART Chapa's  Motion to Compel Additional
Discovery and GRANT IN PART and DENY IN PART Chapa's
 Renewed Motion to Compel Discovery for the reasons
31, 2012, a federal grand jury indicted Chapa and 19 other
codefendants in connection with an alleged conspiracy to
distribute cocaine. Indictment (May 31, 2012), ECF No. .
Pursuant to the indictment, Chapa was charged with conspiracy
to distribute and possess with intent to distribute five
kilograms or more of cocaine and 28 grams or more of cocaine
base (21 U.S.C. § 846). On January 22, 2013, Chapa pled
guilty to one count of conspiracy to distribute and
possession with intent to distribute five kilograms or more
of cocaine and one kilogram or more of heroin (21 U.S.C.
§ § 846 & 841(a)(1) & (b)(1)(A)). On June 5, 2014,
the Court sentenced Chapa to a term of imprisonment of 60
months. Chapa did not appeal his sentence and conviction, and
currently is serving the term of imprisonment.
November 25, 2014, the Government filed a Notice, indicating
that the investigation resulting in Chapa's indictment
and subsequent conviction was conducted by members of the
Transnational Organized Crime Squad of the Washington Field
Office of the FBI, who were assisted on at least one occasion
by Special Agent Matthew Lowry, a member of the Cross Border
Task Force of the Washington Field Office of the FBI.
Govt.'s Notice of Filing ¶ 3, ECF No. . The
Government explained that an investigation had been initiated
regarding allegations that Special Agent Lowry tampered with
evidence, including narcotics evidence, and mishandled
firearms seized during investigations. Id. ¶ 4.
The Notice indicated that while the investigation related to
Special Agent Lowry was in its early stages, at that time the
Government believed that any misconduct by Special Agent
Lowry would have no impact on this action because of
Lowry's limited role in the lengthy investigation.
Id. ¶ 5. The Government also submitted to the
Court and to Chapa through counsel a letter with attachments
concerning the nature of Special Agent Lowry's alleged
misconduct. Id. ¶ 6.
December 5, 2014, Chapa filed a Response to Notice of Filing
and Motion to Compel Additional Discovery. Specifically,
Chapa sought information related to Special Agent Lowry's
role in the instant action, " including everything he
signed, witnessed, planned, or participated in," as well
as " [a]ll related documents, including chain of custody
on every drug to which he had access . . . along with the 302
reports." Resp. to Notice for Filing & Mot. to Compel
Add'l Discovery ¶ 5, ECF No. . On December 16,
2014, after the Court entered a Protective Order, the
Government provided to counsel a second letter and 18
attachments related to the Lowry investigation. See
Notice of Mat. Provided to Def. Counsel, ECF No. . On
December 19, 2014, the Government filed a Response to
Chapa's Motion to Compel, requesting that the Court deem
the motion moot in light of the fact that the Government
provided additional materials to defense counsel and based on
anticipated future productions pursuant to the Protective
Order. See Govt.'s Resp. to Def.'s Mot., ECF
No. . On December 23, 2014, Chapa filed a Reply
indicating that the request was not moot because the
Government had not yet produced documents specifically
related to the instant action. Def.'s Reply to
Govt.'s Resp. ¶ 3, ECF No. . Rather, Chapa
requested that the Court hold his motion to compel in
abeyance until Chapa provided the Government with a list of
requested items. Id. ¶ 5.
subsequently filed a  Renewed Motion to Compel
Discovery, requesting that the Court order the Government to
provide certain discovery as requested by Chapa and
indicating that the Government had stopped producing
additional discovery after Special Agent Lowry entered a
guilty plea. In support
of his motion, Chapa included two lists provided to the
Government and one e-mail requesting discovery information.
See Def.'s Renewed Mot., Ex. A, ECF No. [314-1];
id., Ex. B, ECF No. [314-2]. The ...