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United States v. Johnston, 2:07-CR-00425-MCE. (2020)

Court: District Court, E.D. California Number: infdco20200117c59 Visitors: 5
Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER SEALING DOCUMENTS AS SET FORTH IN RESPONDENT'S NOTICE MORRISON C. ENGLAND, JR. , District Judge . Pursuant to Local Rule 141(b) and based upon the representation contained in the Respondent's Request to Seal, IT IS HEREBY ORDERED that the Respondent's Exhibit 1 to Government's Opposition to Defendant's Motion to Reduce Sentence Pursuant to U.S.C. 3582(c)(1)(A) Compassionte Release, for Failure to Establish Extraordinary and Compelling Circumstances pertaining to defendant James E. J
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ORDER SEALING DOCUMENTS AS SET FORTH IN RESPONDENT'S NOTICE

Pursuant to Local Rule 141(b) and based upon the representation contained in the Respondent's Request to Seal, IT IS HEREBY ORDERED that the Respondent's Exhibit 1 to Government's Opposition to Defendant's Motion to Reduce Sentence Pursuant to U.S.C. § 3582(c)(1)(A) Compassionte Release, for Failure to Establish Extraordinary and Compelling Circumstances pertaining to defendant James E. Johnston, and the Government's Request to Seal shall be SEALED until further order of this Court.

It is further ordered that electronic access to the sealed documents shall be limited to the United States and counsel for the defendant, James E. Johnston. 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 the Government's request, sealing the Governments's motion serves a compelling interest (specifically not disclosing the defendant/petitioner's confidential medical files to the public). The Court further finds that, in the absence of closure, the compelling interests identified by the government 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 the government's motion that would adequately protect the compelling interests identified by the government.

IT IS SO ORDERED.

Source:  Leagle

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