USA v. North American Islamic Trust

Filing 30

UNOPPOSED MOTION filed by Appellee USA to place brief under seal [6504417-2], to place record excerpts under seal [6504417-3]. Date of service: 04/05/2010 via email - Attorney for Appellant(s): Loose, Maggio, Stephenson; Attorney for Appellee(s): Cowger, Shanker [09-10875] (VS)

USA v. North American Islamic Trust

Doc. 30

No. 09-10875 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HOLY LAND FOUNDATION FOR RELIEF AND DEVELOPMENT, et al., Defendants. NORTH AMERICAN ISLAMIC TRUST, Movant-Appellant. ____________________ GOVERNMENT'S MOTION FOR LEAVE TO FILE ITS OPENING BRIEF AND RECORD EXCERPTS UNDER SEAL Pursuant to Fifth Circuit Rule 25.2.8, the United States, appellee in the abovecaptioned case, respectfully moves for leave to file its opening brief and record excerpts under seal. In support of this motion, the government, through its

undersigned attorney, represents the following: 1. This is an appeal by the North American Islamic Trust ("NAIT") from

(1) a memorandum opinion and order, issued in a criminal case against the Holy Land Foundation for Relief and Development ("HLF") and seven individual defendants, granting in part and denying in part a third-party motion for equitable relief, and (2) the district court's decision to seal that memorandum opinion and order.

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2.

NAIT moved to file its opening brief and record excerpts under seal,

stating that its brief "identifies, describes, and discusses various other items sealed by the District Court in addition to the Order at issue in this appeal" and that its record excerpts contain sealed documents. This Court has not decided NAIT's motion, but NAIT's brief and record excerpts remain shielded from public view on PACER. 3. As NAIT's opening brief does, the government's brief describes and

discusses both the sealed district court order and other items sealed by the district court, and also responds to arguments made by NAIT in its sealed brief. 4. In order to follow the orders of the district court and also to not publicly

reveal the contents of NAIT's sealed brief, the government seeks leave to file its brief and record excerpts under seal. 5. this motion. Accordingly, the United States requests that the Court enter an order allowing the government to file its opening brief and record excerpts under seal. Counsel for NAIT has informed the government that they do not oppose

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Respectfully submitted, LANNY A. BREUER Assistant Attorney General GREG D. ANDRES Acting Deputy Assistant Attorney General JAMES T. JACKS United States Attorney Northern District of Texas SUSAN B. COWGER Assistant United States Attorney Northern District of Texas

s/ Vijay Shanker VIJAY SHANKER Attorney, U.S. Department of Justice Criminal Division, Appellate Section 950 Pennsylvania Ave., NW, Rm. 1264 Washington, DC 20530 TEL [phone] FAX [phone] [e-mail] April 5, 2010

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CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Fifth Circuit by using the appellate CM/ECF system on April 5, 2010. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system.

s/ Vijay Shanker VIJAY SHANKER Attorney, U.S. Department of Justice Criminal Division, Appellate Section 950 Pennsylvania Ave., NW, Rm. 1264 Washington, DC 20530 TEL [phone] FAX [phone]