Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Hiramanek

United States District Court, E.D. California

March 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ADIL HIRAMANEK, Defendant.

          ORDER DENYING, WITHOUT PREJUDICE, DEFENDANT’S RENEWED MOTION FOR REMOTE APPEARANCE UNDER RULE 43 ORDER DENYING, WITHOUT PREJUDICE, REQUEST TO SEAL UNDER LOCAL RULE 141 (ECF Nos. 17, 22)

          MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE.

         Defendant’s February 17, 2017, renewed request to appear remotely at trial under Federal Rule of Criminal Procedure 43(b)(2) is before the Court as well as a request to seal documents presented by Defendant in support of his rule 43 request.

         I. Procedural History

         On May 12, 2016, Defendant was given a citation for speeding under 36 C.F.R. § 4.21. On August 8, 2016, he filed a request to appear remotely at all court proceedings relating to the citation and his defense of it. On September 13, 2016, the Court denied the request without prejudice on the ground that it provided no justification for the request. (ECF Nos. 3-4.) On September 15, 2016, Defendant filed an amended request which on September 30, 2016, the court granted insofar as to allow Defendant to appear remotely at his initial appearance and other pretrial proceedings. (ECF No. 7.)

         On February 17, 2017, Defendant filed a third request for remote appearance at trial. The government filed an opposition and Defendant a reply.[1] In support of his motion, Plaintiff filed a notice of request to seal documents under local Rule 141. (ECF No. 22.) On February 24 and 27, 2017, Plaintiff provided heavily redacted copies of documents to the Court’s chambers in support of his Rule 43 request.

         II. Request to Seal

         Providing the Court redacted copies of the documents he requested be sealed is contrary to Court rules. Under Local Rule 141, parties are required to provide the Court clean copies of the documents covered by the sealing request. Local Rule 141(b). In this case, Defendant has only provided redacted copies of the documents in question. Without complete copies of the documents, the Court is unable to determine whether they should be sealed (and, further, whether they support the request they were tendered to justify, i.e., whether there may be good cause to allow Defendant to appear remotely at trial).

         Defendant proposes to provide documents indicating that he and a witness suffer medical conditions that would make travel to Court to attend trial a hardship. The Court appreciates that medical records can be sensitive and deserving of protection and will not make any medical records provided by Defendant in support of his request to appear remotely available to the Government or the public without further order of the Court.

         Defendant has not provided the Court clean, un-redacted copies of the documents or any documents which are in any way enlightening as to the ability or inability of Defendant or his witness to appear remotely. Local Rule 141 requires parties to submit copies of the documents to be sealed via e-mail to the Judge’s proposed orders box. This Court requires un-redacted copies so that it can determine if there may be good cause to seal the documents.[2]

         Accordingly, Defendant is hereby ordered to provide the Court, by way of private e-mail, un-redacted copies of the relevant medical records. Upon receipt of un-redacted copies of documents, the Court will rule on the request to seal them and undertake to rule on the underlying motion for remote appearance under Rule 43.

         III. Findings and Conclusion

         Plaintiff’s requests for remote appearance at trial under Rule 43 and to seal documents are denied without prejudice.

         Within seven (7) days of the date of issuance of this order, Defendant shall file a renewed request to seal documents and provide the Court, via e-mail to the Judge’s proposed orders box, un-redacted copies of all medical documents he ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.