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United States v. Timothy Gevock

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 6, 2012

UNITED STATES,
PLAINTIFF,
v.
TIMOTHY GEVOCK, DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

APPLICATION FOR IN CAMERA REVIEW OF EXHIBIT 1 TO GOVERNMENT'S SENTENCING MEMORADUM AND ORDER

The United States of America, by and through the undersigned attorney, here applies to the Court for in camera review of Exhibit 1 to the Government's Sentencing Memorandum. Exhibit 1 is being submitted to the Court in support of USSG §§ 2G2.2(b)(4). The material is also relevant evidence in support of the Government's requested sentence pursuant to U.S.S.G. § 3553(a). In camera review of this exhibit is necessary due to the fact that the materials contain visual depictions of minors engaged in sexually explicit conduct.

Upon granting of this application, the United States will

deliver to the Court a sealed copy of the material comprising Exhibit

1. Upon completion of the Court's examination of Exhibit 1, the United States asks that it be returned to the care and custody of the

United States Attorney's Office. A copy of Exhibit 1 will be maintained in the United States Attorney's file.

A copy of Exhibit 1 has been prepared for defense counsel and will be maintained in the United States Attorney's Office for defense counsel review. This material has been available for defense counsel review throughout the entirety of this case.

Dated: November 6, 2012 Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: /s/ Kyle Reardon KYLE REARDON Assistant U.S. Attorney Application for In Camera Review

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES, ) Plaintiff, v. TIMOTHY GEVOCK, Defendant.

CASE NO. 2:11-CR-00526 JAM

ORDER GRANTING GOVERNMENT'S APPLICATION FOR IN CAMERA REVIEW OF EXHIBIT 1 TO GOVERNMENT'S SENTENCING MEMORADUM

The United States' application for in camera review of Exhibit 1 to the Government's Sentencing Memorandum is hereby granted. The United States shall deliver to the Court a sealed copy of the material. Upon completion of the Court's examination of Exhibit 1, the CD and computer will be returned to the United States. A copy of Exhibit 1 will be maintained in the United States Attorney's file.

Approved and so ordered.

John A. Mendez

20121106

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