In her letter of December 4, counsel cites to two cases where district courts in this circuit have permitted the sealing or redaction of information provided by psychotherapists or psychiatrists as part of a defense sentence submission. See United States v. Roeder, No. 05-Cr-6161L, 2009 WL 385448, at *2 (W.D.N.Y. Feb. 13, 2009); Sattar, F. Supp. 2d at 389. Both of these cases are inapposite. The information that Mr. Asaro seeks to redact here relates to medical conditions and treatment that, while certainly personal information, are not as sensitive as the type of details likely to be contained in a letter from a psychiatrist, such as information about a history of mental illness or past trauma.
Other courts have allowed the redaction of information relating to the defendant where it was of a highly personal nature and its release "would not promote any of the values associated with public scrutiny of the sentencing process." Sattar, 471 F. Supp. 2d at 388; see also United States v. Roeder, No. 05-CR-6161L, 2009 WL 385448, at * 2 (W.D.N.Y Feb. 13, 2009) (sealing letters from the defendant's psychotherapist and psychiatrist). Ultimately, despite the heavy presumption of public access to letters submitted in connection with sentencing, two factors counsel in favor of the redactions requested by the parties here.
The records relate to medical conditions that the Court has been asked to consider in arriving at the sentence in this case, and they are neither extensive, nor do they delve into extraneous matters. See Dare, 568 F. Supp. 2d at 244 (defendant's privacy interest in medical records minimized where the "Defendant has chosen to introduce the medical information in an attempt to mitigate his sentence"); cf. Sattar, 471 F. Supp. 2d at 388 (allowing redaction of certain highly personal information in psychological report where such information was extraneous to sentencing and therefore "would not promote any of the values associated with public scrutiny of the sentencing process"); but cf. United States v. Roeder, No. 05 Cr. 6161, 2009 WL 385448, at *2 (W.D.N.Y. Feb. 13, 2009) (sealing letters from the defendant's psychotherapist and psychiatrist). Thus, the defendant has failed to make a sufficient showing that the sealing of her medical records is warranted.