Free Order on Motion to Unseal Case - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Kevin J. Augustiniak (11), et al.,

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CR-03-1167-PHX-DGC ORDER

Pending before the Court are Defendant Kevin Augustiniak's motion for an order directing the Government to unseal federal and state court proceedings and supplemental motion for discovery. Docs. ##1201, 1304. Defendant requests an order from this Court requiring the Government to (1) obtain orders unsealing all files in state and federal courts relating to confidential informants and Government witnesses, (2) notify Defendant of the existence of any state or federal presentence reports for confidential informants, and (3) provide copies of any such reports to Defendant if they are in the custody, possession, or control of the Government. Doc. #1201 at 2-3. Defendant further requests that the Court conduct an in camera review of presentence reports to determine whether any Brady material should be disclosed to Defendant. Id. at 2. The Court will deny the motions. The charges against Defendant in this case have been dismissed with prejudice. See Doc. #1308. That dismissal renders moot Defendant's
Document 1318 Filed 03/15/2006 Page 1 of 2

Case 2:03-cr-01167-DGC

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requests for discovery as well as Defendant's request that the Court review presentence reports for Brady material. See, e.g., Parkinson v. United States, 175 F. Supp. 2d 1233, 1247 (D. Idaho 2001) (finding motions for discovery moot based on the granting of motions to dismiss); United States v. Campbell, 134 F. Supp. 2d 1104, 1110 (C.D. Cal. 2001) ("Defendant requests that the Court permit discovery of `exculpatory' information favorable to the defense under Brady . . . . Since the indictment has been dismissed, the Court denies Defendant's request for discovery materials as moot."). IT IS ORDERED that Defendant Kevin Augustiniak's motion for an order directing the Government to unseal federal and state court proceedings (Doc. #1201) and supplemental motion for discovery (Doc.#1304) are denied. DATED this 14th day of March, 2006.

Case 2:03-cr-01167-DGC

Document 1318- 2 -Filed 03/15/2006

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