Opinion
Case No. 97-cr-80448
11-10-2015
United States of America, Plaintiff, v. Kebba Janneh, Defendant.
ORDER DENYING DEFENDANT'S MOTION TO SEAL CONVICTION
(Docket No. 331)
Defendant Kebba Janneh was convicted of copyright infringement. He was sentenced to 24 months probation and ordered to pay $75,000 in restitution. Janneh successfully completed his probation and paid his restitution. On October 5, 2015, Janneh wrote a letter asking the Court to seal his conviction so that he could secure employment.
Federal courts can "order the expungement of a record in an appropriate case." United States v. Doe, 556 F.2d 391, 393 (6th Cir.1977). The Sixth Circuit has yet to put forth a standard to identify which cases are "appropriate," but stated that the power was most often used "only in extreme circumstances," such as "illegal convictions, convictions under statutes later deemed unconstitutional, and convictions obtained through governmental misconduct." United States v. Robinson, 79 F.3d 1149, 1996 WL 107129, *1-2 (6th Cir.1996) (unpublished opinion). An inability to secure employment is insufficient to warrant expungement. Lind v. United States, No. CRIM. 97-80218, 2006 WL 2087726, at *2 (E.D. Mich. July 25, 2006). While the Court acknowledges and applauds Janneh's accomplishments, it does not have the ability to expunge or seal his conviction. Janneh's motion is DENIED.
IT IS ORDERED.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: November 10, 2015 I hereby certify that a copy of the foregoing document was served upon counsel of record on November 10, 2015, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager