Free Response to Motion - District Court of Arizona - Arizona

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DANIEL G. KNAUSS United States Attorney District of Arizona DAVID A. PIMSNER Assistant U.S. Attorney Arizona State Bar No. 007480 Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR 04-1088-PHX-JAT Plaintiff, v. Calvin Frank Morris, Defendant. The United States, by and through undersigned counsel, hereby responds to the defendant's motion for discovery requesting that the Court provide him a copy of his codefendant's sealed change of plea and sentencing transcripts. The government respectfully requests that defendant's motion be denied as there are no factual or legal grounds to support his request. Respectfully submitted this 11th day of July, 2007. GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION FOR DISCOVERY

DANIEL G. KNAUSS United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

Case 2:04-cr-01088-JAT

Document 144

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MEMORANDUM OF POINTS AND AUTHORITIES Defendant, Calvin Frank Morris, seeks to unseal the change of plea and sentencing

3 transcripts of his co-defendant pursuant to Rule 6 of the Rules Governing Section 2255 4 Proceedings. The defendant's motion must fail because the defendant has not filed a §2255 5 motion, and is therefore not entitled to use the discretionary discovery rule for §2255 motions. 6 Additionally, even if a proper §2255 motion had been made, the defendant has failed to provide 7 sufficient grounds to unseal the transcripts relating to his co-defendant. 8 In order to make a motion under §2255, the defendant must make an application in the

9 form of a "motion to vacate, set aside, or correct the sentence." R. Gov. Sec. 2255 Pro. 2(a). 10 Further, under Rule 2(b), the motion must contain all the grounds for relief available, and the 11 facts supporting each ground. R. Gov. Sec. 2255 Pro. 2(b)(1)-(2). The defendant has not filed 12 a §2255 motion or identify any grounds for relief. Discovery under Rule 6 governing §2255 13 motions can be granted only for good cause at the discretion of the court. See Shah v. United 14 States, 878 F.2d 1156, 1162 (9th Cir. 1989). Since a §2255 motion has not been filed, there can 15 be no discovery pursuant to Rule 6. 16 Furthermore, the defendant has failed to provide good cause to unseal the transcripts

17 relating to his co-defendant. The co-defendant's plea and sentence had no bearing on the 18 defendant's jury trial conviction. The co-defendant was not a witness at the defendant's trial. 19 Additionally, there is a compelling interest to have the transcripts sealed which was provided to 20 this Court at the time of sealing. The defendant has failed to provide any grounds which would 21 override this compelling interest. 22 For the reasons set forth above, the United States respectfully requests that the Court deny

23 the defendant's motion for discovery. 24 // 25 // 26 // 27 // 28 2

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Respectfully submitted this 11th day of July, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/ David A. Pimsner DAVID A. PIMSNER Assistant U.S. Attorney

7 CERTIFICATE OF SERVICE 8 I hereby certify that on July 11, 2007, 9 document to the Clerk's Office using
registered in the CM/ECF system: Calvin Frank Morris, Pro Se F.C.I. Fort Dix Fort Dix, New Jersey 08640 I electronically transmitted the attached the CM/ECF system for filing, and sent

10 via U.S. mail to the following who is not 11

12 Reg. No#82874-008 13 P.O.Box 2000 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Case 2:04-cr-01088-JAT

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Filed 07/11/2007

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