Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Robert Johnston, et al., 13 Defendants 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On O ct ober 12, 2005, the Government filed under seal an Ex Parte M emorandum in Support of its Certification of Comp liance with Rule 16. The Court received a copy of this M emorandum on October 17, 2005, and reviewed it for t he first time today. The vs. United States of America, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) CR-03-1167-PHX-DGC ORDER IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA

M emorandum discusses the Government's compliance with Rule 16 and does so in anticipation of the eleventh case management conference to be held on October 21, 2005. Becaus e t he M emorandum includes a discussion of information related to confidential informants, the Government filed it under seal. A majority of the information cont ained in the M emorandum does not relate to confidential informants and should be available to Defendants. The Government is

directed to re-file the M emorandum in its present form, with the exception of the following portions which may be redact ed: the second and third paragraphs of Category 1, part a (titled "Informant information"), and specific references to confidential information ­ if it The

truly is confidential ­ in Category 1, part d, and Category 3, pages 12 and 13.

Case 2:03-cr-01167-DGC

Document 845

Filed 10/18/2005

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M emorandum shall be re-filed in this redacted form on or before the close of business on October 19, 2005, to ensure that defense counsel have an op portunity to review the M emorandum before the eleventh case management conference. The M emorandum states that the Government has submitted certain documents for in camera review by the Court. The Court has not received these documents. If the

Government intends to submit them in camera, it shall do s o before the eleventh case management conference and shall file a public notice regarding the in cam er a s ubmission of the documents. DATED this 18th day of October, 2005.

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Case 2:03-cr-01167-DGC

Document 845

Filed 10/18/2005

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