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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA v. NOE JUAREZ

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CRIMINAL NO. 11-095

SECTION: “R”

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GOVERNMENT’S NOTICE OF INTENT TO INTRODUCE EXTRINSIC ACTS PURSUANT TO RULE 404(b) OF THE FEDERAL RULES OF EVIDENCE NOW INTO COURT COMES

the United States of America, appearing herein through the undersigned Assistant United States Attorney, and moves this Honorable Court to allow the introduction of certain relevant extrinsic evidence at trial because this evidence is highly probative evidence of the defendant Noe Juarez’s intent, plan, lack of mistake, opportunity, and motive as charged in Counts 1 and 2 of the superseding indictment.

I. THE FACTS Procedural History

On April 21, 2011, co-defendants Efrain Grimaldo, Sergio Grimaldo and Sabino Duarte were together indicted in a single count indictment charging a conspiracy to distribute five (5) kilograms or more of cocaine hydrochloride with each other and others known and unknown to the grand jury. On January 25, 2012, defendant Sabino Duarte entered a plea of guilty to the indictment as charged without the benefit of a plea agreement. Sabino Duarte is pending sentencing and is cooperating in the prosecution of this case. On February 24, 2014, defendant Efrain Grimaldo proceeded to a contested jury trial on the indictment and was convicted as charged. On September 2, 2014, Efrain Grimaldo was

Case 2:11-cr-00095-SSV-MBN Document 317 Filed 12/22/15 Page 1 of 22

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sentenced to a term of imprisonment of 405 months based on the Court’s finding that Efrain Grimaldo was responsible for the distribution of 1,640 kilograms of cocaine hydrochloride during the course of the charged conspiracy. On June 24, 2014, defendant Sergio Grimaldo was extradited from Mexico on the indictment following his arrest by Mexican authorities, based on an extradition request from the United States. Sergio Grimaldo made his initial appearance in Federal Court in the Eastern District of Louisiana on the indictment on June 25, 2014. A superseding indictment was then returned by the grand jury against Sergio Grimaldo and Noe Juarez on April 2, 2015, charging Sergio Grimaldo and Noe Juarez in Count 1 with a conspiracy to distribute five (5) kilograms or more of cocaine hydrochloride. In Count 2 Noe Juarez was charged with a separate conspiracy to conspire to possess firearms in furtherance of a drug trafficking crime. Count 1 of the superseding indictment expanded the dates of the conspiracy compared with Count 1 of the original indictment and added Count 2 as a new charge against Noe Juarez only. On September 23, 2015, Sergio Grimaldo entered a plea of guilty to the single count in the original indictment (not the superseding indictment) without the benefit of a plea agreement. The Government stated on the record at Sergio Grimaldo’s plea hearing that it agreed to dismiss the superseding indictment against Sergio Grimaldo at the time of his sentencing. Sergio Grimaldo is pending sentencing and is cooperating with the United States in the prosecution of this case. Noe Juarez was arrested on the superseding indictment in Houston, Texas on April 7, 2015. He made his initial appearance on the superseding indictment in the Southern District of Texas on April 8, 2015, and an extensive detention hearing was held in the Southern District of


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Texas on April 13, 2015. The Honorable Magistrate Judge Francis Stacy ordered that the defendant, Noe Juarez, be released on bond, and the United States immediately moved to appeal this bond determination with Chief District Court Judge Sarah Vance, the District Court Judge assigned the case of

US v. Noe Juarez

, 11-095 “R.” On April 14, 2015, Judge Vance issued a stay on the bond determination issued in the Southern District of Texas, and ordered that a detention hearing take place before her in the Eastern District of Louisiana. The detention hearing took place before Judge Vance on April 23, 2015, and Judge Vance determined that Noe Juarez would be detained without bond on the two charges contained in the superseding indictment. On October 2, 2015, the Government provided, upon defense request, a Bill of Particulars to aid the defense in understanding the basic evidence of the two charged conspiracies in the superseding indictment. The Government provided an essential summary of the most significant intrinsic evidence and overt acts by the defendant, Noe Juarez, to aid the defense in its understanding of the two charged conspiracies. The Government noted in its filing of the Bill of Particulars that the summary of the evidence was only a summary. It was not a complete list of all the evidence and overt acts, and it was not a complete list of all the witnesses and evidence the Government intended to offer during its case-in-chief. The Government noted in the Bill of Particulars that it would separately provide notice of Rule 404(b) evidence that the Government would seek to introduce in the trial of Noe Juarez, in accord with the Court’s Order. This filing now complies with that Rule 404(b) notice as ordered.

Case-in-Chief Evidence

Before outlining the Rule 404(b) probative extrinsic evidence the Government briefly outlines the intrinsic evidence (case-in chief evidence) for Counts 1 and 2 in order to show later
