Opinion
2:17-CR-234-TLN
10-06-2022
UNITED STATES OF AMERICA, Plaintiff, v. PATRICK BOTELLO, Defendant.
ETAN ZAITSU Attorney for Defendant PATRICK BOTELLO
ETAN ZAITSU Attorney for Defendant PATRICK BOTELLO
REQUEST TO SEAL DR. JENNIE SINGER'S REPORT IN SUPPORT OF SENTENCING HEARING AND ORDER
Troy L. Nunley United States District Judge
Defendant Patrick Botello, by and through his undersigned counsel, requests that Dr. Jennie Singer's Report in support of the sentencing hearing currently scheduled for September 8, 2022, be filed under seal. Sealing is sought to protect the private medical nature of the documents.
Pursuant to Local Rules 141(b), the total number of pages submitted for sealing is 7. Sealing is sought until further order of the Court, to protect the private medical nature of the documents, and is consistent with the factors set forth in Oregonian Publishing Co. v. U.S. District Court for the District of Oregon, 920 F .2d 1462 (9th Cir. 1990). Only the U.S. Attorney's Office, U.S. Probation, and the Court are permitted access. A digital copy of the report has been emailed Probation and the government.
ORDER
Pursuant to Local Rule 141 (b) and based upon the representation contained in the Defendant's Request to Seal, IT IS HEREBY ORDERED that the Dr. Jennie Singer's Report shall be SEALED until further order of this Court.
It is further ordered that access to the sealed documents shall be limited to the counsel for the Defendant, the U.S. Attorney's Office, and U.S. Probation.
The Court has considered the factors set forth in Oregonian Publishing Co. v. U.S. District Court for the District of Oregon, 920 F .2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the Defendant's request, sealing the Defendant's documents serves a compelling interest.
IT IS SO ORDERED.