Opinion
NO. CR. S-09-125 FCD.
February 1, 2010
MEMORANDUM AND ORDER
On January 28, 2010, defendant Sartaj Chahal filed a "motion to disclose five pages of grand jury transcript for use in [his] motion to dismiss [the] indictment for government misconduct and mis-instruction of [the] grand jury." The government responded to the motion on February 1, 2010, indicating its non-opposition to the motion, provided the court made the requisite findings. (Docket #101).
Because oral argument will not be of material assistance, the court orders this matter submitted on the briefs. E.D. Cal. L.R. 230(g).
In light of the government's non-opposition and finding good cause to order limited disclosure of the subject grand jury transcript, the court GRANTS defendant's request for production of pages J-0197 to J-202, attached as part of Ex. A to the government's opposition to defendant's motion to dismiss. Disclosure of said portion of the grand jury transcript is authorized by Rule 6(e)(3)(E)(ii) of the Federal Rules of Criminal Procedure, and is warranted considering defendant's showing of a "particularized need" for the transcript which "outweighs the policy of secrecy." United States v. Walczak, 783 F.2d 852, 857 (9th Cir. 1986).
There appears to a typographical error in defendant's instant motion, as he inconsistently references at one point, the entirety of the transcript, pages J-0177 to J-0202. The court has construed defendant's request as pertaining to only 5 pages of the transcript.
Said Rule provides, in pertinent part, that the court has discretionary authority to order "disclosure — at any time, in a manner, and subject to any conditions that it directs — of a grand-jury matter."
Accordingly, the government is ordered to produce the subject portion of the transcript to defendant on or before February 3, 2010 at 9:00 a.m. Because defendant has indicated his intent to use said transcript in support of his motion to dismiss the indictment, the court will order the hearing on defendant's motion sealed pursuant to Rule 6(e)(5).
IT IS SO ORDERED.