U.S. v. Khatib, CR 12-00193 WHA. (2016)
Court: District Court, N.D. California
Number: infdco20160512782
Visitors: 25
Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: MOTION TO FILE PRESENTENCE INVESTIGATION REPORT UNDER SEAL, DECLARATION IN SUPPORT AND PROPOSEDM ORDER WILLIAM ALSUP , District Judge . Mr. Khatib moves this Court to permit him to file Exhibit B to his motion to vacate his sentence under 28 U.S.C. 2255, the Presentence Report, under seal. In support of this request I, CARMEN A. SMARANDOIU, declare the following to be true under penalty of perjury: 1. I am an attorney employed at the office of the Federal Public Defender for the Northe
Summary: MOTION TO FILE PRESENTENCE INVESTIGATION REPORT UNDER SEAL, DECLARATION IN SUPPORT AND PROPOSEDM ORDER WILLIAM ALSUP , District Judge . Mr. Khatib moves this Court to permit him to file Exhibit B to his motion to vacate his sentence under 28 U.S.C. 2255, the Presentence Report, under seal. In support of this request I, CARMEN A. SMARANDOIU, declare the following to be true under penalty of perjury: 1. I am an attorney employed at the office of the Federal Public Defender for the Norther..
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MOTION TO FILE PRESENTENCE INVESTIGATION REPORT UNDER SEAL, DECLARATION IN SUPPORT AND PROPOSEDM ORDER
WILLIAM ALSUP, District Judge.
Mr. Khatib moves this Court to permit him to file Exhibit B to his motion to vacate his sentence under 28 U.S.C. § 2255, the Presentence Report, under seal. In support of this request I, CARMEN A. SMARANDOIU, declare the following to be true under penalty of perjury:
1. I am an attorney employed at the office of the Federal Public Defender for the Northern District of California. Pursuant to the Court's Miscellaneous Order 2015.11.17, the Federal Public Defender has been appointed to represent the defendant in the above-entitled matter;
2. Pursuant to this appointment, I am filing a motion to correct sentence under 28 U.S.C. § 2255 pursuant to the Supreme Court's decision in Johnson v. United States, 135 S.Ct. (2015);
3. Exhibit B to the motion for Johnson habeas relief is the presentence investigation report from the original criminal matter;
4. I declare that the presentence report contains confidential personal identification information and is a confidential record of the Court, see Crim. L.R. 32-7(a);
5. In my professional opinion it is necessary to file the presentence report under seal to protect the confidentiality of the material within;
6. I will provide a courtesy copy of Exhibit B, the Presentence Report, to the Office of the United States Attorney;
7. Therefore, the defense hereby moves the Court to file the already lodged Presentence Report under seal.
ORDER FILING UNDER SEAL
For good cause shown, Exhibit B to defendant's motion to vacate his sentence under 28 U.S.C. § 2255, the Presentence Report, shall be filed under seal.
IT IS SO ORDERED.
Source: Leagle
