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United States v. Chahal

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 1, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SARTAJ CHAHAL, ET AL., DEFENDANTS.

MEMORANDUM AND ORDER

On January 28, 2010, defendant Sartaj Chahal filed a "motion to disclose five pages of grand jury transcript for use in [his] motion to dismiss [the] indictment for government misconduct and mis-instruction of [the] grand jury."*fn1 The government responded to the motion on February 1, 2010, indicating its non-opposition to the motion, provided the court made the requisite findings. (Docket #101).

In light of the government's non-opposition and finding good cause to order limited disclosure of the subject grand jury transcript, the court GRANTS defendant's request for production of pages J-0197 to J-202,*fn2 attached as part of Ex. A to the government's opposition to defendant's motion to dismiss. Disclosure of said portion of the grand jury transcript is authorized by Rule 6(e)(3)(E)(ii) of the Federal Rules of Criminal Procedure,*fn3 and is warranted considering defendant's showing of a "particularized need" for the transcript which "outweighs the policy of secrecy." United States v. Walczak, 783 F.2d 852, 857 (9th Cir. 1986).

Accordingly, the government is ordered to produce the subject portion of the transcript to defendant on or before February 3, 2010 at 9:00 a.m. Because defendant has indicated his intent to use said transcript in support of his motion to dismiss the indictment, the court will order the hearing on defendant's motion sealed pursuant to Rule 6(e)(5).

IT IS SO ORDERED.


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