Opinion
05-CV-A035 (ARR).
March 8, 2006
UNSEALING ORDER
Application having been made on behalf of the UNITED STATES OF AMERICA, by Assistant United States Attorney Caren Myers, for an Order authorizing the government to disclose all orders, applications and affidavits, as well as all records obtained in connection with such orders, applications and affidavits, to defense counsel in the above-captioned matter, and full consideration having been given to the matters set forth therein,
IT IS HEREBY ORDERED that the government may furnish copies of the orders, applications and affidavits listed below, and the records obtained pursuant thereto, to defense counsel in the above-captioned matter in regard to the following:
DATE OF ORDERAND JUDGE TYPE OF INTERCEPTION
September 28, 2005 Wire communications over (Ross, J.) cellular telephone (212) 729-7495
October 28, 2005 Wire communications over (Ross, J.) cellular telephones (212) 729-7495 and (347) 228-2075
November 30, 2005 Wire communications over (Ross, J.) cellular telephones (347) 724-8797 and (718) 350-0368
December 29, 2005 Wire communications over (Ross, J.) cellular telephones (347) 724-8797 and (718) 350-0368
January 26, 2006 Wire communications over (Ross, J.) cellular telephone (347) 724-8797 and (718) 350-0368
UNSEALING APPLICATION
The UNITED STATES OF AMERICA, by Assistant United States Attorney Caren Myers, herein applies for an Order authorizing the government to disclose all orders, applications and affidavits, as well as all records obtained in connection with such orders, applications and affidavits, to defense counsel in the above-captioned matter in regard to the following:
DATE OF ORDERAND JUDGE TYPE OF INTERCEPTION
September 28, 2005 Wire communications over (Ross, J.) cellular telephone (212) 729-7495
October 28, 2005 Wire communications over (Ross, J.) cellular telephones (212) 729-7495 and (347) 228-2075
November 30, 2005 Wire communications over (Ross, J.) cellular telephones (347) 724-8797 and (718) 350-0368
December 29, 2005 Wire communications over (Ross, J.) cellular telephones (347) 724-8797 and (718) 350-0368
January 26, 2006 Wire communications over (Ross, J.) cellular telephone (347) 724-8797 and (718) 350-0368
In support of this Application, the UNITED STATES OF AMERICA represents as follows:
1. On the dates of the orders set forth above, the presiding District Court Judge ordered, pursuant to 18 U.S.C. 2518, that the orders, applications, affidavits, proposed orders and all interim reports executed in connection with the identified interceptions be sealed. At the termination of the interceptions, the original records of the results of the electronic surveillance were sealed.
2. Section 2518(9) of Title 18, United States Code, requires that the government furnish defense counsel with copies of the orders, applications and affidavits prior to offering any recordings in evidence at any trial, hearing, or other proceeding. In order to efficiently comply with the government's discovery obligations and to provide for the orderly and speedy reproduction of discovery materials, we seek authorization to furnish copies of the relevant orders, applications and affidavits, as well as the records of the electronic monitoring, to defense counsel.
WHEREFORE, the UNITED STATES OF AMERICA respectfully requests that the Court issue an Order granting this Application.