United States Ninth Circuit

In defendant's federal habeas proceeding, district court's decision to modify a protective order concerning materials produced during the federal proceeding to the agency that will prosecute defendant's resentencing is: 1) vacated as to the portion of the order relating to privileged materials; 2) affirmed as to the portions of the order which excludes from its coverage non-privileged material; and 3) affirmed as to the denial of defendant's motion for discovery and an evidentiary hearing where the parties had a full opportunity to brief the issue of the government's inadvertent violation of the protective order.

Appellate Information

• Decided 10/17/2012
• Published 10/17/2012

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel