United States v. Guivas-Soto

MEMORANDUM AND ORDER

BESOSA, District Judge.

Before the Court’s consideration is whether Assistant U.S. Attorney Marshal Morgan (“AUSA Morgan”) violated Model Rule of Professional Conduct 4.2 (“Model Rule 4.2”), which prohibits an attorney from communicating with a represented person, when he opened and read letters sent directly to him by defendant Jose Hector Guivas-Soto (“Guivas”). For the reasons that follow, the Court finds that AUSA Morgan did not violate Model Rule 4.2.

I. BACKGROUND

In early September 2015, AUSA Morgan received via the U.S. Postal Service two letters purportedly from…