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USA v. Boone, 2:15-MC-061 JAM. (2017)

Court: District Court, E.D. California Number: infdco20171201837 Visitors: 9
Filed: Nov. 29, 2017
Latest Update: Nov. 29, 2017
Summary: STIPULATION AND ORDER TO UNSEAL GOVERNMENT'S EX PARTE APPLICATION FOR TOLLING OF STATUTE OF LIMITATIONS, SUPPORTING DOCUMENTS, AND COURT ORDER GRANTING MOTION JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Jared Dolan Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Hannah R. Labaree, attorneys for Marty Marciano Boone, and Ronda
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STIPULATION AND ORDER TO UNSEAL GOVERNMENT'S EX PARTE APPLICATION FOR TOLLING OF STATUTE OF LIMITATIONS, SUPPORTING DOCUMENTS, AND COURT ORDER GRANTING MOTION

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Jared Dolan Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Hannah R. Labaree, attorneys for Marty Marciano Boone, and Ronda Boone, Pro Se, that the following sealed documents be unsealed by this Court and filed on the public record of criminal case number 2:16-cr-020 TLN:

1. The government's Ex Parte Application for Tolling Statute of Limitations Pursuant to 18 U.S.C. § 3292; 2. The Memorandum in Support of Ex Parte Application for Order Tolling Statute of Limitations Pursuant to 18 U.S.C. § 3292; 3. Affidavit of Arlette Lee in Support of Application for Order Tolling Statute of Limitations; 4. Declaration of Jared C. Dolan in Support of Application for Order Tolling Statute of Limitations and Exhibit A thereto "Foreign Assistance Request"); 5. Order Granting Ex Parte Application for Order Tolling Statute of Limitations; 6. Government's Motion to File Under Seal the above-listed documents.

See Ex. A.

These documents were filed May 28, 2015, in front of Judge Mendez, while grand jury proceedings were in progress under the above-captioned grand jury case number. On June 1, 2015, Judge Mendez granted the request for sealing pursuant to the requirements of Federal Rule of Criminal Procedure 6(e), which provides for secrecy of grand jury proceedings.

At least one Defense motion hinges on the above documents, and thus directly cites those documents. Pursuant to prior court order, Defense motions are due Thursday, November 30, 2017. CR 68. Unsealing of the above-listed documents is necessary to allow the defendants an opportunity to vindicate their rights as they relate to the instant criminal charges, as reference to the above-documents will be necessary to comprehend and adjudicate forthcoming defense motions. The parties also request that the court clerk file the instant motion on the criminal case docket.

IT IS SO STIPULATED.

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court orders the below-listed documents UNSEALED, and directs the clerk to file them on the public record in case 2:16-cr-020 TLN. The Court further directs the clerk to file the instant motion on the public record in case 2:16-cr-020 TLN.

1. The government's Ex Parte Application for Tolling Statute of Limitations Pursuant to 18 U.S.C. § 3292; 2. The Memorandum in Support of Ex Parte Application for Order Tolling Statute of Limitations Pursuant to 18 U.S.C. § 3292; 3. Affidavit of Arlette Lee in Support of Application for Order Tolling Statute of Limitations; 4. Declaration of Jared C. Dolan in Support of Application for Order Tolling Statute of Limitations and Exhibit A thereto "Foreign Assistance Request"); 5. Order Granting Ex Parte Application for Order Tolling Statute of Limitations; 6. Government's Motion to File Under Seal the above-listed documents.
Source:  Leagle

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