Free Motion to Seal - District Court of Connecticut - Connecticut

Case 3:00-cr-00226-SRU

Document 89

Filed 03/08/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, v. MARVIN SPAN Defendant.

Docket No. 3:00-cr-00226-SRU March 6, 2006

MOTION TO FILE CROSBY MEMORANDUM UNDER SEAL Defendant Marvin Span, by and through undersigned counsel and pursuant to D. Conn. L. Cr. R. 1(c), D. Conn. L. Civ. R. 5(d) and the Court's broad Article III powers to regulate the administration of the criminal trial process, respectfully requests permission of the Court to file under seal his memorandum in support of Crosby remand resentencing, which contains personal and sensitive information, including an attachment, akin to that included in the Presentence Investigation Report. A redacted version of this memorandum is submitted separately. To the extent that the Court denies this motion, in part or in all, Mr. Span would request that the Court order the aforementioned memorandum marked "Under Seal" destroyed and grant undersigned counsel leave to make necessary revisions. Respectfully submitted,

BY:

/s/ Todd Bussert TODD A. BUSSERT, CT24328 103 Whitney Avenue, Suite 4 New Haven, CT 06510-1229 (203) 495-9790; Fax: (203) 495-9795 [email protected] Appointed Counsel (CJA) for Marvin Span

Case 3:00-cr-00226-SRU

Document 89

Filed 03/08/2006

Page 2 of 2

CERTIFICATE OF SERVICE I, Todd Bussert, hereby certify that a copy of the foregoing was served via first class mail, postage prepaid, this 6th day of March 2006 on the following: Alex Hernandez, Supervisory AUSA United States Attorney's Office 915 Lafayette Boulevard Bridgeport, CT 06604 Joseph P. Montesi, Probation Officer U.S. District Court for the District of Connecticut Probation Department Connecticut Financial Center 157 Church Street, 22nd Floor New Haven, CT 06510

/s/ Todd Bussert Todd Bussert