USA v. Lucero-Peace et al

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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
JEFF MITCHELL (CABN 236225)
Chief, Criminal Division
NEAL C. HONG (ILBN 6309265)
Assistant United States Attorney
60 S. Market, Suite 1200
San Jose, California 95113
Telephone: (408) 535-5081
neal.hong@usdoj.gov
Attorneys for United States of America
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ALEJANDRO PELAYO-GONZALEZ,
Defendant.
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Case No. 26-CR-00048 EKL
STIPULATION AND PROTECTIVE ORDER
[PROPOSED]
With the agreement of the parties, the Court enters the following Protective Order:
The defendant is charged with 21 U.S.C. § 841(a)(1) and (b)(1)(A) - Distribution of Fentanyl
Analogue. The government has agreed to provide certain materials that the defendant has requested.
The materials are sensitive in nature, thus warrant restricted access at this time.
The sensitive discovery to be provided includes materials that may contain personal identifying
information of an individual, which may include a person’s name, date of birth, social security number,
residence address, telephone numbers, email addresses, driver’s license number, names of persons who
are minors, criminal histories, or place of residence (“Protected Information”).
The government has identified discovery materials as Protected Information by marking such
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materials “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER” (“PROTECTED
MATERIALS”) or by providing written notice identifying discovery materials as Protected Information.
The government will produce these materials via USAfx.
Except when actively being examined for the purpose of the preparation of the defense of the
defendant in the above-captioned case, the PROTECTED MATERIALS shall be maintained in a locked,
safe, and secure drawer, cabinet, room or safe or secure electronic device (e.g., computer, memory
stick), which is accessible only to defense counsel and those allowed access to the PROTECTED
MATERIALS. Such persons shall not permit any other person access of any kind to the PROTECTED
MATERIALS except as set forth herein.
To ensure that Protected Information is not subject to unauthorized disclosure or misuse,
IT FURTHER ORDERED that only the following individuals may examine the PROTECTED
MATERIALS, the materials marked as “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER”
for the sole purpose of preparing the defense in this case and for no other purpose:
a) 	counsel for the defendant;
b) 	members of defense counsel’s law office who are assisting with the preparation of
defendant’s defense;
c) 	paralegals, law clerks, discovery coordinators, investigators and/or experts (including
mitigation experts) retained by defendant or assigned by the Court to assist in the defense of this matter
(the individuals in this subsection may obtain copies of the PROTECTED MATERIALS so long as they
secure them pursuant to the requirements of this Protective Order);
d) 	“contracted individuals,” who are individuals contracted by the defense to assist in this
matter, including paralegals and attorneys. The parties agree that “contracted individuals” shall be
limited to professionals contracted to assist defense counsel in the defense of this matter, and shall not
include any individual with a prior relationship that does not fall within the parameters of legal
representation (such as, for example, a social relationship, or a community organizer relationship, as
opposed to a relationship based on legal representation) with any defendant or any gang member or
associate; and
e) 	no sooner than 30 days prior to commencement of trial, the defendant, but only in the
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presence of defense counsel or another authorized person listed in this paragraph (under no
circumstances may defendants take or maintain outside the presence of defense counsel or such other
authorized person listed in this paragraph the PROTECTED MATERIALS or copies thereof).
The individuals listed above who receive Protected Information under this Order shall be
provided a copy of this Order along with those materials and shall sign and date the order reflecting their
agreement to be bound by it.
If defense counsel determines that additional persons are needed to review the PROTECTED
MATERIALS, he or she must obtain a further order of the Court before allowing any other individual to
review the materials. Such a request to the Court will only occur after conferring with the government.
In the event the parties agree to the additional person or persons, it shall be documented in writing with
no need for further involvement of the Court. If the parties cannot agree, defense counsel will make its
motion to the Court on sufficient notice to the government so that it may assert its objection.
A copy of this Protective Order shall be maintained with the PROTECTED MATERIALS at all
times. 	This Order shall also apply to any copies made of any materials covered by this Order.
IT IS FURTHER ORDERED that if a party files a pleading that contains or attaches Protected
Information subject to this Order, the Protected Information must be filed under seal (accompanied by a
request to file under seal) and redacted from the public filing, unless otherwise ordered by the Court.
IT IS FURTHER ORDERED that after any judgment or disposition has become final and there
are no pending proceedings, challenges, appeals, or habeas motions in the case, counsel for defendant
shall either destroy discovery materials containing the PROTECTED MATERIALS (including any
copies) within 30 days if the defendant consents to such destruction, or retain the PROTECTED
MATERIALS and ensure that the PROTECTED MATERIALS will continue being kept under the
conditions specified in this Order. After the statutory period for filing a motion under 28 U.S.C. § 2255
has expired, the United States is free to destroy documents and materials subject to this Order. If
defendant is represented by counsel and files a motion pursuant to 28 U.S.C. § 2255, the United States
will provide counsel with the documents and materials subject to this Protective Order under the terms
of this Order.
This stipulation is without prejudice to either party applying to the Court to modify the terms of
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any protective order. This Court shall retain jurisdiction to modify this Order upon motion of either
party even after the conclusion of district court proceedings in this case.
IT IS SO STIPULATED 	CRAIG H. MISSAKIAN
United States Attorney
Dated: 8/25/26 	/s/ Neal Hong________________
NEAL C. HONG
Assistant United States Attorney
/s/ Peter Leeming_________________
PETER LEEMING
Counsel for Defendant
IT IS SO ORDERED.
Dated: 	HON. SUSAN VAN KEULEN
United States Magistrate Judge
Case 5:26-cr-00048-EKL Document 72 Filed 08/25/26 Page 4 of 5
August 31, 2026
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By signing below, I acknowledge that I have been provided and have reviewed a copy of
this Order and hereby agree to be bound by its terms:
SIGNATURE 	DATE
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