U.S. v. Lipscomb, 2:18-cr-34-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20181019j49
Visitors: 7
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER SHERI POLSTER CHAPPELL , District Judge . The Court revisits the Ex Parte In Camera Application for Issuance of Subpoena to Produce Documents and Objects under Seal filed by Defendant pursuant to Rule 17(b) of the Federal Rules of Criminal Procedure. The Court granted the Application, a subpoena was issued, and the Department of the Army refused to disclose the requested documents because the subpoena did not comply with the Privacy Act of 1974 and Army Regulation 27-10. The Court ha
Summary: ORDER SHERI POLSTER CHAPPELL , District Judge . The Court revisits the Ex Parte In Camera Application for Issuance of Subpoena to Produce Documents and Objects under Seal filed by Defendant pursuant to Rule 17(b) of the Federal Rules of Criminal Procedure. The Court granted the Application, a subpoena was issued, and the Department of the Army refused to disclose the requested documents because the subpoena did not comply with the Privacy Act of 1974 and Army Regulation 27-10. The Court has..
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ORDER
SHERI POLSTER CHAPPELL, District Judge.
The Court revisits the Ex Parte In Camera Application for Issuance of Subpoena to Produce Documents and Objects under Seal filed by Defendant pursuant to Rule 17(b) of the Federal Rules of Criminal Procedure. The Court granted the Application, a subpoena was issued, and the Department of the Army refused to disclose the requested documents because the subpoena did not comply with the Privacy Act of 1974 and Army Regulation 27-10. The Court has determined that the records requested in the subpoena are material to this case and that no claim of privilege is available.1
Accordingly, it is now
ORDERED:
1. The Clerk is DIRECTED to reissue a subpoena to produce any and all records within the criminal and investigation file of Officer Troy J. Carrillo to the following individual: Michelle Kardelis, Chief FOIA, Department of the Army, United States Army Criminal Investigation Command, Crime Record Center, ATTN: CICR-FP, 27130 Telegraph Road, Quantico, Virginia 22134.
2. The Office of the Federal Defender, Middle District of Florida, is authorized to serve said subpoena accompanied by this Order. This Order shall otherwise be sealed until completion of the Trial.
3. Michelle Kardelis and the U.S. Army's Crime Record Center are ORDERED to release the records requested in the subpoena.
DONE AND ORDERED.
FootNotes
1. In the event a privilege is asserted, the Court may revisit this determination.
Source: Leagle
