The following excerpt is from United States v. Meza, Case No.: 15cr3175 JM (S.D. Cal. 2017):
As an initial matter, the court finds that Meza reads United States v. Fort, 472 F.3d 1106 (9th Cir. 2007), too broadly. Meza focuses a significant portion of his motion on Fort, and claims that it stands for the proposition that "when non-federal personnel contribute work to a later-initiated federal criminal case involving the same defendant and the same conduct, the investigation is a joint one, and the work is in the constructive possession of the federal government." But Fort only concerned whether investigative reports prepared by local police were in the possession, custody, and control of federal prosecutors. It did not address whether and how foreign-held information is in the possession, custody, and control of the federal government.
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