Opinion
22 Mag. 9733
12-02-2022
UNITED STATES OF AMERICA v. FREDDY RAMON REYES, Defendant.
SEALED ORDER
HONORABLE STEWART D. AARON UNITED STATES MAGISTRATE JUDGE
WHEREAS, an application has been made by the United States of America, with defense counsel's consent, for the temporary sealing of filings and other docket entries in the above-captioned case, and the captioning of the case as United States v. John Doe in the public docket;
WHEREAS, the Court finds that the defendant's safety may be placed at risk and active law enforcement investigations may be compromised if the Government's application is not granted;
IT IS HEREBY ORDERED that filings in the above-captioned case be filed under seal, and the case shall be captioned as United States v. John Doe in the public docket, until further order by this Court;
IT IS FURTHER ORDERED that no docket entries shall be made in the above-captioned matter until further Order by this Court;
IT IS FURTHER ORDERED that counsel for the defendant and the Government may be provided a copy of the transcript of proceedings in this matter without further Order of the Court; and
IT IS FINALLY ORDERED that the Government shall report to the Court on or before six months after execution of this Order regarding the continuing need, if any, to maintain these matters under seal.
SO ORDERED.
SEALED AFFIRMATION AND APPLICATION
JANE Y. CHONG hereby affirms, under penalty of perjury and pursuant to Title 28, United States Code, Section 1746, as follows:
1. I am an Assistant United States Attorney in the office of Damian Williams, United States Attorney for the Southern District of New York, and I am familiar with this matter. By this affirmation, the Government applies for an order of the Court directing that filings and other docket entries in the abovecaptioned case be filed under seal, and that the case be captioned United States v. John Doe in the public docket.
2. On or about December 1, 2022, defendant Freddy Ramon Reyes was arrested by agents with Homeland Security Investigations for narcotics conspiracy. He had his initial appearance on December 2, 2022.
3. I am informed by defense counsel Marlon Kirton, Esq., that the defendant consents to the delayed docketing of this matter.
3. Although there is a qualified right of public access to Court documents, the Second Circuit has recognized that documents may be filed under seal to, among other things, protect or further ongoing law enforcement efforts, including grand jury investigations. See United States v. Cojab, 996 F.2d 1404, 1407-09 (2d Cir. 1993) (affirming sealing order); United States v. Haller, 837 F.2d 84, 88 (2d Cir. 1988) (affirming decision to seal that portion of a plea agreement that referred to a defendant's cooperation); see also Fed. R. Crim. Pro. 49.1(d) and (e) & advisory committee note (permitting a court to order filings to be made under seal). The Second Circuit has also recognized that even docketing the applications to seal those materials could be prejudicial, and in such cases the applications themselves and related notes to the docket could be sealed. See United States v. Alcantara, 396 F.3d 189, 200 n.8 (2d Cir. 2005). Docketing this case under the pseudonym “John Doe,” and sealing all filings in the case, is equivalent to making a sealed entry in the docket sheet.
4. Compelling law enforcement interests support an order directing that filings and other docket entries in this case be made under seal. If the defendant's co-conspirators learned about the charges against the defendant, the co-defendant could flee, destroy or delete evidence, and take other steps to avoid detection. Exposure of the defendant's arrest and appearance could jeopardize an ongoing investigation. An order sealing filings and other docket entries in the abovecaptioned case would greatly reduce the risk that the charges against the defendant will be exposed.
5. The charges against the defendant will not be kept sealed indefinitely. The Government anticipates that, after the arrest and commence of prosecution against his codefendant, the filings in this case may be unsealed, and the docket sheet could reflect the true caption of this case. At that time, the Government will move this Court for an order unsealing the filings of this case, and restoring the true caption of the case to the docket sheet.
6. Accordingly, the Government requests that filings and other docket entries in the above-captioned case, including this Affirmation and any order issued in connection with it, be filed under seal, and that the case be captioned United States v. John Doe in the public docket, until further order of the Court. No prior request for the relief set forth herein has been made, and counsel for Reyes has consented to this application.
JANE Y. CHONG Assistant United States Attorney Southern District of New York