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United States v. Armstrong
United States District Court, N.D. Illinois, Eastern Division
September 16, 2019
UNITED STATES OF AMERICA
v.
TERRANCE ARMSTRONG, also known as “Cheese” and “Terrance Richardson”
PROTECTIVE ORDER GOVERNING DISCOVERY
ROBERT
M. DOW JR. DISTRICT JUDGE
Upon
the motion of the government, pursuant to Fed. R. Crim. P.
16(d) and 18 U.S.C. § 3771(a)(1) and (8), it is hereby
ORDERED:
1. All of the materials provided by the United States in
preparation for, or in connection with, any stage of the
proceedings in this case (collectively, “the
materials”) are subject to this protective order and
may be used by defendant and defendant's counsel (defined
as counsel of record in this case) solely in connection with
the defense of this case, and for no other purpose, and in
connection with no other proceeding, without further order of
this Court.
2. Defendant and defendant's counsel shall not disclose
the materials or their contents directly or indirectly to any
person or entity other than persons employed to assist in the
defense, persons who are interviewed as potential witnesses,
counsel for potential witnesses, and other persons to whom
the Court may authorize disclosure (collectively,
“authorized persons”). Potential witnesses and
their counsel may be shown copies of the materials as
necessary to prepare the defense, but may not retain copies
without prior permission of the Court. The materials and
their contents shall not be disclosed either directly or
indirectly to any person or entity outside of the United
States without prior authorization from the Court.
3. Defendant, defendant's counsel, and authorized persons
shall not copy or reproduce the materials except in order to
provide copies of the materials for use in connection with
this case by defendant, defendant's counsel, and
authorized persons. Such copies and reproductions shall be
treated in the same manner as the original materials.
4. Defendant, defendant's counsel, and authorized persons
shall not disclose any notes or records of any kind that they
make in relation to the contents of the materials, other than
to authorized persons, and all such notes or records are to
be treated in the same manner as the original materials.
5. Certain materials provided by the United States in
preparation for, or in connection with, any stage of the
proceedings in this case contain particularly sensitive
information (“Sensitive Information”). Sensitive
Information includes, but is not limited to: (1) nonparty
names, addresses, dates of birth, driver's license
numbers, social security numbers, and other identifying
information; (2) statements by, and reports from interviews
of, individuals who have been or are cooperating with the
government's investigation; and (3) any information that
might disclose the identity of a cooperating individual or
undercover officer.
6. Materials containing Sensitive Information produced by the
government to defendant's counsel shall not be provided
to defendant or anyone else, except as provided below
(“Attorney Only Materials”). The Attorney Only
Materials shall be plainly marked as such by the government
prior to disclosure. Neither the Attorney Only Materials nor
the information contained therein may be disclosed to any
person other than counsel for defendant (defined as counsel
of record in this case) or investigators employed by
defendant's counsel to assist the defense, without prior
notice to the government and authorization from the Court.
Defendant's counsel and authorized persons shall not copy
or reproduce the Attorney Only Materials except for use in
connection with this case by defendant's counsel and
authorized persons. Such copies and reproductions shall be
treated in the same manner as the original materials.
Defendant shall view Attorney Only Materials only in the
presence of counsel for defendant. Defendant shall not be
provided with any Attorney Only Materials or copies thereof
and shall not make any notes or records related to the
undercover officer or confidential source's identifying
information from the contents of the Attorney Only Materials.
7. Before providing materials to an authorized person,
defense counsel must provide the authorized person with a
copy of this Order and require the authorized person to sign
a statement acknowledging that the authorized person has
received a copy of and reviewed this Order, and has agreed to
be bound by its terms and conditions subject to sanctioning
by the Court for any violations of this Order. Defense
counsel shall maintain a copy of the signed statement of each
authorized person for a period of twelve months after the
conclusion of all stages of this case, and shall provide
copies of the signed statement of each authorized person to
the government upon request.
8. Upon conclusion of all stages of this case, all of the
materials and all copies made thereof shall be disposed of in
one of three ways, unless otherwise ordered by the Court. The
materials may be (1) destroyed; (2) returned to the United
States; or (3) retained in defense counsel's case file.
The Court may require a certification as to the disposition
of any such materials. In the event that the materials are
retained by defense counsel, the restrictions of this Order
continue in effect for as long as the materials are so
maintained, and the materials may not be disseminated or used
in connection with any other matter without further order of
the Court.
9. To the extent any material is produced by the United
States to defendant or defendant's counsel by mistake,
the United States shall have the right to request the return
of the material and shall do so in writing. Within five days
of the receipt of such a request, defendant and/or
defendant's counsel shall return all such material if in
hard copy, and in the case of electronic materials, shall
certify in writing that all copies of the specified material
have been deleted from any location in which the material was
stored.
10. The restrictions set forth in this Order do not apply to
documents that are or become part of the public court record,
including documents that have been received in evidence at
other trials, nor do the restrictions in this Order limit
defense counsel in the use of discovery materials in judicial
proceedings in this case, except that any document filed by
any party which attaches or otherwise discloses specially
identified sensitive information as described in Paragraph 5,
above, shall be filed under seal to the extent necessary to
protect such information, absent prior permission from this
Court.
11. Nothing contained in this Order shall preclude any party
from applying to this Court for further relief or for
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