United States v. Reginald A. Lewis, (Two Cases). United States of America v. Charles Lee, United States of America v. Cleo Graham, Jr.

486 F.2d 1264, 159 U.S. App. D.C. 4

• Court: Court of Appeals for the D.C. Circuit
• Decided: September 20, 1973
• Docket: 72-1719, 72-1720, 72-1745 and 72-1895
• Status: Published

Opinions

ORDER

PER CURIAM.

In these three pending criminal appeals, motions were made in this Court that there be included in the records on appeal such pre-sentence reports (Rule 32(c), Fed.R.Crim.P.) and evaluation reports provided for in the Youth Corrections Act (18 U.S.C. § 5010(e)) as were before the District Court for sentencing purposes in these three cases. No opposition was filed by the Government to any of the motions. When the motions came on for hearing pursuant to our sua sponte order for en banc consideration, the Government represented that its lack of opposition derived from the fact that the reports in question had in each instance been made unrestrictedly available by the District Court to trial counsel before sentence was passed; and that, under such circumstances, it saw no reason for denying them to appellate counsel for inclusion in the appellate record in connection with the challenges raised on appeal to the adult sentences imposed upon appellants.

In consideration of the foregoing, it is hereby

Ordered that the motions be granted; that the District Court, to the extent it has not already done so, make available to appellate counsel in these cases the reports in question; and that the Clerk be directed, when requested to do so, to make such reports part of the records upon which these appeals will be decided ; and it is

Further ordered that, to the extent that any of the trial judges in these cases shall so order, the reports shall be delivered to appellate counsel under seal for use by such counsel alone; and such reports shall be under seal if and when they are included in the appellate record.