Opinion
CRIMINAL 21-CR-447-BAS
07-30-2021
UNITED STATES OF AMERICA, Plaintiff, v. ABRAHAN HERNANDEZ CORTES (1), Defendant.
ORDER DENYING MOTION TO SEAL
Hon. Cynthia Bashant United States District Judge
Presently before the Court is Defendant Abrahan Hernandez Cortes' Motion to for leave to file under seal the Defendant's Sentencing Memorandum and Sentencing Summary Chart. The request is overbroad. Counsel may refile to seal portions of the Sentencing Memorandum.
The public has a First Amendment right of access to criminal proceedings and documents in those proceedings. United States v. Bus. of Custer Battlefield Museum & Store Located at Interstate 90, Exit 514, S. of Billings, Mont., 658 F.3d 1188, 1192 (9th Cir. 2011). Where this right applies, "criminal proceedings and documents may be closed to the public without violating the [F]irst [A]mendment only if three substantive requirements are satisfied: (1) closure serves a compelling interest; (2) there is a substantial probability that, in the absence of closure, this compelling interest would be harmed; and (3) there are no alternatives to closure that would adequately protect the compelling interest." United States v. Doe, 870 F.3d 991, 998 (9th Cir. 2017). Having reviewed Mr. Hernandez Cortes' request, he does not satisfy this standard. Therefore, the Court DENIES the motion to seal.
IT IS SO ORDERED.