Opinion
2:23-mj-00892-DJA
10-05-2023
UNITED STATES OF AMERICA, Plaintiff, v. JAMES MARCUS KELLEY, and DARYL CATRELL CALDWELL, JR., Defendants.
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 ALLISON REESE Assistant United States Attorney Nevada Bar No. 13977 Attorneys for the United States
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 ALLISON REESE Assistant United States Attorney Nevada Bar No. 13977 Attorneys for the United States
APPLICATION TO SEAL
HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
COMES NOW the United States of America, by and through Jason M. Frierson, United States Attorney, and Allison Reese, Assistant United States Attorney, respectfully moves this Honorable Court for an Order sealing the Complaint, this Application and the Court's Sealing Order, in the above-captioned matter, until such time as this Honorable Court, or another Court of competent jurisdiction, shall order otherwise.
In this case, an order sealing the Complaint would be appropriate because the attached Complaint relates to an ongoing criminal investigation into violations of Title 18, United States Code, Sections 922(a)(6), 924(a)(2), and 2 - Illegal Acquisition of a Firearm; that is neither public nor known to all of the targets of the investigation, and its disclosure may alert the targets to the ongoing investigation. Accordingly, there is reason to believe that the disclosure of the information contained within the Complaint will jeopardize the investigation, including by giving the targets an opportunity to flee or continue flight from prosecution or change patterns of behavior.
The Government further submits that it is necessary for the Complaint to be sealed in light of the fact that the targets of this investigation utilize digital devices to conduct their illegal activities. If the targets became aware of the investigation, they could delete and destroy evidence, including but not limited to text messages, photographs, and social media account information or messages received and sent over those platforms. Additionally, the Affidavit references the targets illegal possession of multiple firearms and if alerted to the investigation they may try to hide, dispose of, or destroy of the firearms and related paraphernalia such as ammunition or magazines. Accordingly, there is reason to believe that notification of the existence of complaint will seriously jeopardize the investigation, as noted previously, and would likely place law enforcement at higher risk of confrontation when securing the arrest of the targets.
Based on the pending Application of the Government, and good cause appearing therefor, IT IS HEREBY ORDERED that the Complaint, the Government's Application, and this Court's Sealing Order, in the above-captioned matter shall be sealed until further Order of the Court.