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United States v. Greer

United States District Court, Ninth Circuit

May 23, 2013

UNITED STATES OF AMERICA, Respondent,
v.
SHANGO JAJA GREER, Movant. UNITED STATES OF AMERICA, Respondent,
v.
JASON KEITH WALKER, Movant.

BENJAMIN B. WAGNER, United States Attorney, JEAN M. HOBLER, Assistant United States Attorney, Sacramento, CA, Attorneys for Respondent United States of America.

BENJAMIN RAMOS, Counsel for Petitioner Shango Jaja Greer.

CAROLYN PHILLIPS, Counsel for Petitioner Jason Keith Walker.

STIPULATION AND PROPOSED ORDER TO OBTAIN SPECIFIC SEALED DOCUMENTS IN COURT'S FILE

MIRRISON C. ENGLAND, Jr., Chief District Judge.

On April 7, 2006, Movants Shango Jaja Greer and Jason Keith Walker were convicted of crimes relating to racketeering activity. Movants' appeal has been ruled upon by the Ninth Circuit and Movants have each filed motions under 26 U.S.C. ยง 2255 seeking relief.

Movants motions allege multiple issues, including without limitation grand jury abuse, prosecutorial misconduct, ineffective assistance in regard to a particular expert, and sufficiency of the evidence in regard to specific racketeering elements. A review of the docket reveals that many of these issues appear to have been litigated before and during trial in this matter, and the underlying pleadings are therefore necessary to counsels' analysis of the issues raised in the instant motion proceedings.

The Government has many of the relevant pleadings in its files, but has noted that many were filed under seal and in relevant time periods there are entries on the docket for "sealed event, " for which the Government has no related document in its files. The Government's understanding is that items on the docket identified as "sealed" were sealed by order of now-retired District Court Judge Frank C. Damrell, Jr., and thus the magistrate judge now assigned to the case, the Honorable John F. Moulds may lack the authority to order access to the documents in the Court's file for the parties, or to permit dissemination and use of sealed documents in the instant Section 2255 litigation.

The parties previously stipulated to a court order to provide them access to these documents in the Court's file. The Court requested a more specific stipulation. Having since that time obtained from the Clerk's office a list of the titles and other basic information about the nature of each sealed document, [1] the parties submit the following stipulation.

STIPULATION

1. The parties shall be given access to the following documents:[2]
DN 114, minute order
DN 177, Ex. 1 to Louis Walker's Reply filed 10/12/2004
DN 375, Motion to Dismiss re: Interstate Commerce, May 18, 2005
DN 402, Government's Supplemental Opposition to Greer's Motion to ...

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