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United States v. Johnson

United States District Court, Seventh Circuit

November 14, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
THEODORE JOHNSON, Defendant.

MEMORANDUM & ORDER

DAVID R. HERNDON, Chief District Judge.

Before the Court is defendant Theodore Johnson's "request to disclose plea transcript" (Doc. 814). Johnson notes he has filed an appeal in relation to this Court's denial of his most recent request for a sentence reduction. Johnson states the "record does not reflect Johnson sought permission from this Court to disclose the Plea Transcript, Mr. Johnson's issue on appeal contains references to the Plea Transcript that are germane to this litigation."

Based on this Court's understanding of Johnson's request and his citations to United States v. Kahn, 175 F.3d 518, 523 (7th Cir. 1999)(government's failure to request permission to disclose excerpts from sealed presentence report was harmless error), and United States v. Corbitt, 879 F.2d 224, 236 (7th Cir. 1989) (common-law right of access to judicial records does not apply to materials submitted under seal), it appears Johnson believes he needs this Court's permission to cite to his change of plea transcript in his appellate briefing. The Court assures Johnson he does not. Thus, Johnson's request for disclosure is denied as MOOT.

In the future, should Johnson re-file his motion as a request for a free copy of his change of plea transcript, he must demonstrate to the Court that he has sought access to the transcript through other means and that it is necessary to the preparation of his appeal. See 28 U.S.C. ยง 753(f); see United States v. Wilkinson, 618 F.2d 1215, 1218-19 (7th Cir. 1980); Rush v. United States, 559 F.2d 455, 459 (7th Cir. 1977).

On the basis of the above, Johnson's instant request is denied as MOOT (Doc. 814).

IT IS SO ORDERED.


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