Filed: Feb. 01, 2017
Latest Update: Feb. 01, 2017
Summary: REQUEST TO FILE UNDER SEAL EXHIBITS FOR THE 1 31 2017 SENTENCING EVIDENTIARY HEARING; ORDER MORRISON C. ENGLAND, Jr. , District Judge . TO: THE HONORABLE Morrison C. England, Judge of the United States District Court, Eastern District of California: Pursuant to Local Rule 141, undersigned counsel is requesting that Exhibit V be filed under seal. The exhibit is three pages of the named victim's "Tagged.com" social media website, which was the website through which the defendant and the nam
Summary: REQUEST TO FILE UNDER SEAL EXHIBITS FOR THE 1 31 2017 SENTENCING EVIDENTIARY HEARING; ORDER MORRISON C. ENGLAND, Jr. , District Judge . TO: THE HONORABLE Morrison C. England, Judge of the United States District Court, Eastern District of California: Pursuant to Local Rule 141, undersigned counsel is requesting that Exhibit V be filed under seal. The exhibit is three pages of the named victim's "Tagged.com" social media website, which was the website through which the defendant and the name..
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REQUEST TO FILE UNDER SEAL EXHIBITS FOR THE 1 31 2017 SENTENCING EVIDENTIARY HEARING; ORDER
MORRISON C. ENGLAND, Jr., District Judge.
TO: THE HONORABLE Morrison C. England, Judge of the United States District Court, Eastern District of California:
Pursuant to Local Rule 141, undersigned counsel is requesting that Exhibit V be filed under seal. The exhibit is three pages of the named victim's "Tagged.com" social media website, which was the website through which the defendant and the named victim met. The Tagged.com records contain phone numbers and personal identifying information of the named victim in this case. Page 1 of the exhibit is the victim's profile. Pages 91 and 92 are messages sent between the victim and the defendant. The victim's messages with several other persons are also in the attached pages in Exhibit V. To protect the privacy rights of the victim and other persons, the defense requests permission to file the exhibits under seal. The records would then be available to the appellate courts if any review of the sentencing were necessary. The court has discretion to weigh the need for secrecy against the public's right to access. In re National Broadcasting Company, 653 F.2d 609, 613 (D.C. Cir. 1981).
1. Exhibit "V" is a true and correct copy of pages 1, 91 and 92 of victim SB's "Tagged.com" social media records that the defense received in discovery from the government. The Tagged.com records are printed from on Disc Bates number 406.
ORDER TO FILE UNDER SEAL THE EXHIBITS TO THE PRE-SENTENCE REPORT
ORDER
Pursuant to Local Rule 141(b) and based upon the representation contained in Defendant's Request to Seal, it is hereby ordered that Exhibit V identified above shall be SEALED until further order of this Court. It is further ordered that access to the sealed documents shall be limited to the government and counsel for the defendant.
The Court has considered the factors set forth in Oregonian Publishing Co. v. U.S. District Court for the District of Oregon, 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in Defendant's request, sealing Exhibit V serves a compelling interest. The Court further finds that, in the absence of closure, the compelling interests identified by the Defendant would be harmed. In light of the public filing of its request to seal, the Court further finds that there are no additional alternatives to sealing Exhibit V that would adequately protect the compelling interests identified by the Defendant.
IT IS SO ORDERED.
