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 PALAYO 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:
Defendant is charged with Count One: 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(vi) – Distribution of
100 Grams and More of Fentanyl Analogue. The discovery to be provided includes materials that are
Rule 16 (of the Federal Rules of Criminal Procedure) evidence, as well as related law enforcement
reports voluntarily produced, that involve confidential sources, cooperating witnesses, and/or
undercover officers or agents, including audio and/or video recordings and other communications
involving cooperating sources and undercover officers/agents, which may tend to reveal the identity of
confidential sources and undercover officers/agents (“CS/UC Information”) (collectively, “Protected
Information”).
Case 5:26-cr-00048-EKL Document 31 Filed 02/19/26 Page 1 of 5

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The United States will identify discovery materials as Protected Information by marking such
materials “CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER” or by providing written notice
identifying discovery materials as Protected Information. The government shall exercise reasonable
care in determining which discovery materials should be designated as Protected Information in order to
avoid the over-designation of discovery materials as Protected Information.
To ensure that Protected Information is not subject to unauthorized disclosure or misuse,
IT IS HEREBY ORDERED that defense counsel, their investigators, assistants, employees,
and independent contractors (collectively, “the Defense Team”) may review with the defendant all
discovery material produced by the government, but shall not provide a defendant with copies of, or
permit defendant to make copies of, or have unsupervised access to any discovery material produced by
the government that contains Protected Information. The government and defense counsel are ordered
to work together to ensure that these materials are protected, but that defendant has as much access to
the materials as can be provided consistent with this Court’s order. Discovery material that clearly
pertains to a specific defendant and does not contain Protected Information regarding any other person
(e.g., defendant’s own bank records, telephone records, and business records) may be provided to that
defendant unredacted.
The Defense Team may show witnesses Protected Information in the course of preparing a
defense for trial or any related proceedings in this case, but only if (i) the witness, by reason of their
participation in the underlying events or conduct, would have seen or had reason to know such
information, or (ii) it is otherwise relevant to the defense of the case that the Defense Team discuss with
or show the witness Protected Information. Witnesses may only view Protected Information in the
presence of the Defense Team. No witness or potential witness may retain copies of discovery material
that contains Protected Information after his or her review of those materials with the Defense Team is
complete.
Defense counsel may also provide unredacted copies of Protected Information to any experts
retained to assist with the preparation of the defense in the captioned case. The defendant, all members
of the Defense Team, and any experts 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
Case 5:26-cr-00048-EKL Document 31 Filed 02/19/26 Page 2 of 5

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agreement to be bound by it.
The Defense Team shall maintain Protected Information safely and securely, and shall exercise
reasonable care in ensuring the confidentiality of those materials by not divulging the contents or
permitting anyone to see Protected Information except as set forth in this Protective Order.
The materials provided pursuant to this protective order may only be used for the specific
purpose of preparing or presenting a defense in this matter unless specifically authorized by the Court.
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 Protected Information (including any copies) within
30 days if the defendant consents to such destruction, or retain the Protected Information and ensure that
the Protected Information 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.
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Case 5:26-cr-00048-EKL Document 31 Filed 02/19/26 Page 3 of 5

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This stipulation is without prejudice to either party applying to the Court to modify the terms of
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: 2/13/26 	/s/ Neal Hong________________
NEAL C. HONG
Assistant United States Attorney
/s/ Peter Leeming_________________
PETER LEEMING
Counsel for Defendant
IT IS SO ORDERED.
Dated: 	EUMI K. LEE
United States District Judge
February 19, 2026
Case 5:26-cr-00048-EKL Document 31 Filed 02/19/26 Page 4 of 5

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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
Case 5:26-cr-00048-EKL Document 31 Filed 02/19/26 Page 5 of 5