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United States of America v. James E. Johnston

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 27, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JAMES E. JOHNSTON,
DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

APPLICATION FOR IN CAMERA REVIEW OF GOVERNMENT TRIAL EXHIBITS IN SUPPORT OF GOVERNMENT'S SENTENCING

MEMORADUM AND ORDER

The United States of America, by and through the undersigned attorney, hereby applies to the Court for in camera review of the trial exhibits in support of the Government's Sentencing Memorandum. The trial exhibits are being submitted to the Court for in camera review given their sensitive nature and the fact that the sentencing court did not hear the trial in this case. The material is relevant evidence in support of the arguments advanced in the Government's Formal Objections and Sentencing Memorandum. In camera review of the exhibits 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 the trial exhibits. Upon completion of the Court's examination of the trial exhibits, the United States asks that it be returned to the care and custody of the United States Attorney's Office. A copy of the trial exhibits will be maintained in the United States Attorney's file.

Defense counsel was provided a copy of the exhibits prior to trial.

Dated: November 21, 2012 Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: /s/ Kyle Reardon KYLE REARDON Assistant U.S. Attorney Application for In Camera Review

ORDER

The United States' application for in camera review of the trial exhibits is hereby granted. The United States shall deliver to the Court the trial exhibits from the above-entitled case. Upon completion of the Court's examination of the trial exhibits, they will be returned to the United States. A copy of the trial exhibits will be maintained in the United States Attorney's file.

IT IS SO ORDERED.

20121127

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