STIPULATION AND [PROPOSED] ORDER REGARDING DEFENSE TESTING OF CONTROLLED SUBSTANCE AND CHAIN OF CUSTODY

CHARLES R. BREYER, District Judge.

Based upon the stipulation of the parties, and pursuant to Federal Rule of Criminal Procedure 16(a)(1)(E), the Court ORDERS as follows:

The Government shall allow the defense: (1) to independently inspect drug Exhibit 401 as reported in Drug Enforcement Administration (DEA) Laboratory Reports, Laboratory Number 7177098, dated May 14, 2013 and May 15, 2013; (2) to collect and analyze a representative sample from the above-listed exhibit to determine its weight, nature, and strength or purity; and (3) to inspect and analyze the composite representative samples (if any) previously collected and analyzed by the DEA to determine their weight, nature, and strength or purity, to the extent that said samples have not been consumed during testing; and

IT IS FURTHER ORDERED that a DEA Special Agent or Task Force Officer shall deliver the drug exhibit and DEA composite representative samples (if any) identified above to Jirair Gevorkyan or Bill Posey, of Central Valley Toxicology, DEA License No. RC0112095, located at 1580 Tollhouse Rd, Clovis, Ca 93611, California. The DEA Western Laboratory shall arrange the delivery of said exhibit and composite representative samples (if any) no later than thirty days after this Order is signed to the DEA Special Agent or Task Force Officer for delivery to Jirair Gevorkyan or Bill Posey of Central Valley Toxicology; and

IT IS FURTHER ORDERED that upon delivery of the exhibit identified above to the defense expert, that a DEA Special Agent or Task Force Officer shall be present when the defense expert inspects, weighs, and removes a representative sample from the exhibit for analysis. The representative sample shall be in the amount of 250 mg of the above-described exhibit. The weight of the representative sample taken shall be documented and signed by the defense expert and provided to the DEA Special Agent or Task Force Officer in attendance. Upon the completion of the sample removal and weighing, the defense expert shall forthwith return the remaining exhibit to the DEA Agent or Task Force Officer in attendance; and

IT IS FURTHER ORDERED that the defense expert shall conduct the qualitative and quantitative analysis and identification ordered herein, and shall provide the Government with an Unsworn Declaration Under Penalty of Perjury, under 28 U.S.C. § 1746, executed by the individual who conducted the analysis, or the head of the facility where the analysis occurred, which states the quantity of the exhibit consumed during testing, and either the weight of the exhibit returned to the Government, or a statement that all of the sample was consumed during testing; and

IT IS FURTHER ORDERED that all remaining material of the sample, after testing, is to be returned by Jirair Gevorkyan or Bill Posey of Central Valley Toxicology to the Drug Enforcement Administration, Western Regional Laboratory, via registered U.S. mail, return receipt requested, or approved commercial carrier, within five (5) business days after the completion of analysis; and

IT IS FURTHER ORDERED, in accordance with Federal Rule of Criminal Procedure 16(b)(1)(B), that the defendants shall promptly provide the Government with a copy of the results or report of the physical examinations and scientific tests or experiments which resulted from the analysis conducted under this Order in the event that the defendant intends to use the results or report in the defendant's case-in-chief at trial or in sentencing; and

IT IS FURTHER ORDERED that Jirair Gevorkyan or Bill Posey of Central Valley Toxicology is to safeguard the representative sample received, preserving the chain of custody in a manner to faithfully protect the integrity of each exhibit received. Pursuant to the parties' stipulation, additional chain of custody required for producing the suspected controlled substances for defense testing will be established at trial by stipulation without the need for the government to call additional witnesses pertaining to chain of custody.

SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.