Free Motion to Unseal Document - District Court of Arizona - Arizona

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PATRICIA A. GITRE, P.L.C. Patricia A. Gitre 331 N. First Avenue, Suite 150 Phoenix, Arizona 85003 State Bar No: 011864 (602) 452 - 2918 fax (602) 532 ­ 7950 patgitre@patriciagitre,com Attorney for Gina Anderson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs. GINA ANDERSON, Defendant.

CR04-1281-PHX-DGC MOTION TO UNSEAL PLEA AND SENTENCING PROCEEDINGS AND MOTION FOR PAYMENT OF PLEA AND SENTENCING TRANSCRIPTS AND DISCLOSURE OF PRESENTENCE INTERVIEW REPORTS

Defendant Gina Anderson through counsel moves this court this court for authorization to unseal and obtain transcripts of plea, sentencing, and any other relevant proceeding including presentence reports for the following cooperating witnesses that the defense anticipates will be called as government witnesses at trial: 1) Maria de Lourdes Newell (CR01-00384-EHC-1) 2) Jose Florencio Arvizu-Montijo (CR01-00384-EHC-1) 3) Luis Javier Villegas- Ruiz (CR02-00514-JAT-3) and (CR92-00255-FRZ-CRP) 4) Dayan Alberto Tassinari-Rodriguez (CR99-00659) These are the cases that are known to the defense involving cooperating witnesses that are still a matter of public records. The defense anticipates and expects the government to provide all relevant

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Case 2:04-cr-01281-DGC

Document 73

Filed 01/12/2006

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documentation as to each of their cooperating witnesses including but not limited to, any additional plea agreements, informant agreements, and transcripts of each proceeding, judgments, and presentence reports in time for the defense to review for trial. As to the above witnesses, the defense does not seek to circumvent the Jencks Act but is seeking authorization for payment of transcripts now in order to avoid any delays in the trial. If the court grants authorization to unseal any sealed proceedings and to obtain the transcripts, the defense proposes that it that it will not obtain the transcripts from each court reporter until such time the court: For the above reasons, Defendant Anderson respectfully requests the court order:

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1) Order that all sealed matters in the above cases be unsealed and disclosed to defense counsel on a date prior to trial. 2) Authorize payment of all transcripts of any relevant proceedings to be paid to each court reporter at the prevailing CJA rates with disclosure to defense counsel on a date prior to trial. 3) Order disclosure of presentence reports to defense counsel on a date prior to trial. Excludable delay under 18 U.S.C. §3161(h) (1)(F) and 8(A) will not occur as a result of this motion or an order based thereon. RESPECTFULLY SUBMITTED on January 12, 2006. /s Patricia A. Gitre Patricia A. Gitre Attorney for Defendant

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ORIGINAL filed electronically and copies of the foregoing Delivered via inter-court mail on January 12, 2006 Clerk of the Court Judge David G. Campbell Judge of the U.S. District Court John Boyle Mary Beth Pfister Attorneys for the government David Lockhart Attorney for Michael Anderson /s Patricia A. Gitre

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Case 2:04-cr-01281-DGC

Document 73

Filed 01/12/2006

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