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United States v. Diaz-Diaz

United States District Court, Western District of Washington
Dec 8, 2021
No. CR19-0187-JCC (W.D. Wash. Dec. 8, 2021)

Opinion

CR19-0187-JCC

12-08-2021

UNITED STATES OF AMERICA, Plaintiff, v. GEINLY DIAZ-DIAZ, Defendant.


ORDER

[FILED UNDER SEAL]

JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

This matter comes before the Court on Defendant Geinly Diaz-Diaz's motion to seal his sentencing memorandum and attachments (Dkt. No. 113), and the Government's motions to seal its sentencing memorandum and its response to Defendant's sentencing memorandum (Dkt. Nos. 109, 115). Having thoroughly considered the parties' motions and the relevant record, the Court hereby GRANTS all three motions (Dkt. Nos. 109, 113, 115).

“[T]here is a strong presumption of public access to [the Court's] files.” W.D. Wash. Local Civ. R. 5(g)(3); Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978). To overcome this presumption, there must be a “compelling reason” for sealing sufficient to outweigh the public's interest in disclosure. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016) (applying the “compelling reason” test to motions to seal documents “more than tangentially related to the merits of a case”).

Defendant seeks to maintain under seal his sentencing memorandum. The sentencing memorandum contains highly personal and sensitive information about Defendant, in which the public has minimal interest. On this basis, the Court finds there is a compelling reason to seal the sentencing memorandum that outweighs the public's interest in its disclosure.

The Government plans to file a redacted version of its sentencing memorandum, but requests that the unredacted version remain sealed. (Dkt. Nos. 110 at 6, 109 at 2.) The Government also seeks to maintain under its response to Defendant's sentencing memorandum. (Dkt. No. 115 at 2.) These documents contain the same kind of sensitive and confidential material about the Defendant as Defendant's sentencing memorandum does.

Accordingly, the Court GRANTS Defendant's motion to seal (Dkt. No. 113) and the Government's two motions to seal (Dkt. Nos. 109, 115). The Clerk is DIRECTED to maintain under seal the documents filed at Docket Numbers 110, 114, and 116, and their respective attachments, until further order of the Court. The Government is ORDERED to file a redacted sentencing memorandum within seven days of this order.


Summaries of

United States v. Diaz-Diaz

United States District Court, Western District of Washington
Dec 8, 2021
No. CR19-0187-JCC (W.D. Wash. Dec. 8, 2021)
Case details for

United States v. Diaz-Diaz

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. GEINLY DIAZ-DIAZ, Defendant.

Court:United States District Court, Western District of Washington

Date published: Dec 8, 2021

Citations

No. CR19-0187-JCC (W.D. Wash. Dec. 8, 2021)