United States District Court, E.D. California
McGREGOR W. SCOTT United States Attorney MICHAEL G. TIERNEY
Assistant United States Attorney Attorneys for Plaintiff
United States of America
APPLICATION AND ORDER FOR RELEASE OF MATERIAL
RETAINED BY UNITED STATES PROBATION OFFICE
LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE.
United States, through its attorneys McGregor W. Scott,
United States Attorney for the Eastern District of
California, and Michael G. Tierney, Assistant U.S. Attorney,
requests that the Court authorize the release of the material
(including documents and any electronic items) obtained by
the United States Probation Office from the defendant's
residence in or about December 2017.
Defendant Clifford Brigham was on supervised release
following two convictions in the United States District Court
for the District of Oregon: Case No. 02-220 and Case No.
06-272. In November and December 2017, the defendant was
being supervised by the United States Probation Office for
the Eastern District of California (“the Probation
Office”). Among other conditions of release, the
defendant was prohibited from applying for loans or credit
arrangements without the permission of the Probation Office.
Superseding Petition for Warrant or Summons, No. 17-cr-308,
Dkt. 16 at 1-2; Superseding Petition for Warrant or Summons,
No. 17-cr-309, Dkt. 16 at 1-2
approximately December 2017, members of the Probation Office
conducted a search of thedefendant's residence to monitor
his compliance with his terms of his supervised release.
During the search, members of the Probation Office took
possession of material within theresidence that related to
the defendant's financial dealings. Much of the material
represented hard copy documents that appeared to be generated
by the defendant. It is unknown whether such documents exist
in any other location or in any other format.
part due to review of the material, the Probation Office
filed petitions in each of the defendant's cases alleging
violations of his conditions of release. The alleged
violation of Oregon Case No. 02-220 was filed in this
District as Case No. 17-cr-309. The alleged violation of
Oregon Case No. 06-272 was filed in this District as Case No.
addition to the supervised release violations, members of the
Probation Office consulted with the United States
Attorney's Office and the Federal Bureau of Investigation
to investigate whether the defendant committed federal
criminal offenses. In approximately January 2018, the FBI
opened an investigation into this matter. The investigation
February 2018, the defendant admitted certain violations of
his supervised release in both cases. Dkt. 17 (Case No 308,
309). On April 9, 2018, the Court sentenced defendant to 36
months imprisonment on Case No. 309 and ordered the sentence
to be served consecutive to 24 months imposed on Case. No.
308. Dkt. 21-22 (Case No. 308, 309). Each case is currently
pending appeal to the United States Court of Appeals for the
order to continue its investigation, the FBI proposes to take
custody of material gathered by the Probation Office during
its search of the defendant's residence.
Local Rule 461 states that probation records “are
confidential records of the United States District
Court.” Disclosure is prohibited absent order of the
Court. L.R. 4601(a). Requests for disclosure must be in
writing and must articulate with particularity the need for
specific items of information within the report. Id.
Administrative Office of the Court recognizes that
information obtained by the Probation Office may be used in a
subsequent criminal investigation. “Information or
evidence gathered in the cours of a [probation] search may be
used in . . . reporting serious criminal conduct to a law
enforcement agency.” See Administrative Office
of the Courts Overview of Probation and Supervised Release