Aguilera-Montoya v. USA

Filing 9

ORDER granting in part 6 Motion to Seal the Presentence Investigative Report in CR-11-1834-PHX-NVW (DKD), doc. 6 The Government's request that "any orders based thereon" also be sealed is DENIED without prejudice as overly broad a nd future sealing orders must be on a document-by-document basis.FURTHER ORDERED that the Clerk of the Court is kindly directed to file under seal the lodged sealed Exhibit A, doc. 7 . Signed by Magistrate Judge Lawrence O Anderson on 8/27/12. (CR 11-1834-PHX-NVW (DKD)) (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,
vs.

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Francisco Aguilera-Montoya,
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Defendant.
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No. CV-12-898-PHX-NVW (LOA)
No. CR-11-1834-PHX-NVW (DKD)
ORDER

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This 28 U.S.C. § 2255 matter is before the Court on the Government’s Motion to Seal
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the Presentence Investigation Report (“PSR”) prepared in case number CR-11-1834-PHX17
NVW (DKD) for Defendant Aguilera-Montoya, the Petitioner herein. (Doc. 6) The
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Government seeks to have Defendant’s PSR a part of this § 2255 record, but appropriately
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requests it be filed under seal because “the PSR contains personal and sensitive information
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regarding the defendant.” Id. The PSR was sealed and lodged as Proposed Exhibit A. (Doc.
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7) No response to the motion was filed. The Government does not desire the PSR be
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disclosed to any third party, but it also requests the sealing of “any orders based thereon.”
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Id.
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“Presentence reports . . . are presumptively confidential and are generally not subject
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to disclosure to third parties.” United States v. Pike, 2011 WL 4344017, at *2 (D.Nev.
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September 14, 2011) (citing Fed.R.Crim.P. 32(e)). “A district court has broad discretion to
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decide whether to order the disclosure of a PSR.” Id. (citing United States v. Gomez, 323
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F.3d 1305, 1307 (11th Cir. 2003)). “Courts are reluctant to release these reports to third

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parties because of the possibility that it would have a chilling effect on the disclosure of

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information that is used in a PSR.” Id. (citing United States Dep’t of Justice v. Julian, 486

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U.S. 1, 12 (1988)).

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Having reviewed the Government’s Motion, and good cause appearing,

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IT IS ORDERED that the Government’s Motion to Seal the Presentence

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Investigative Report in CR-11-1834-PHX-NVW (DKD), doc. 6, is GRANTED in part. The

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Government’s request that “any orders based thereon” also be sealed is DENIED without

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prejudice as overly broad and future sealing orders must be on a document-by-document

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basis.
IT IS FURTHER ORDERED that the Clerk of the Court is kindly directed to file
under seal the lodged sealed Exhibit A, doc. 7.
Dated this 27th day of August, 2012.

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