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Motion and Proposed Order to Seal Indictment (E.D. Cal., Dkt. 5, July 15, 2021)

Summary

Motion and proposed order to seal an indictment, filed July 15, 2021 as Document 5 in United States v. Daryol Richmond, Telvin Breaux and Holly White, Case No. 1:21-cr-00184-DAD-BAM, in the U.S. District Court for the Eastern District of California. Under Rule 6(e) of the Federal Rules of Criminal Procedure, the government asks that the Indictment returned by the Grand Jury on July 15, 2021 be kept secret until the defendant is in custody or has been given bail. The motion lists charges under 18 U.S.C. § 1349 (Conspiracy to Commit Mail Fraud), 18 U.S.C. § 1028A(a)(1) (Aggravated Identity Theft) and criminal forfeiture under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(C). The order block names U.S. Magistrate Judge Erica P. Grosjean, dated July 15, 2021.

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“Motion and Proposed Order to Seal Indictment (E.D. Cal., Dkt. 5, July 15, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-1-21-cr-00184-dkt-5-e-d-cal-11b279fcf1/, SHA-256 e07f401bb331223757323ab5a66179a3dbb5a0eb6e3bc7a66f99bbb9f95edb40.

Full text

           Case 1:21-cr-00184-ADA-BAM Document 5 Filed 07/15/21 Page 1 of 2


 1 PHILLIP A. TALBERT
   Acting United States Attorney                                                   FILED
 2 JOSEPH BARTON                                                                   Jul 15, 2021
   Assistant United States Attorneys                                           CLERK, U.S. DISTRICT COURT
                                                                             EASTERN DISTRICT OF CALIFORNIA

 3 2500 Tulare Street, Suite 4401
   Fresno, CA 93721
 4 Telephone: (559) 497-4000

 5

 6
   Facsimile: (559) 497-4099
                                          SEALED
     Attorneys for Plaintiff
 7   United States of America
 8
                             IN THE UNITED STATES DISTRICT COURT
 9
                                  EASTERN DISTRICT OF CALIFORNIA
10

11
     UNITED STATES OF AMERICA,                    CASE NO. 1:21-cr-00184-DAD-BAM
12
                                    Plaintiff,    MOTION AND PROPOSED ORDER TO
13                                                SEAL INDICTMENT
                   v.
14
     DARYOL RICHMOND, aka “Nutcase,”
15   “Nuttcase,” and “Nuttcase 3x;”
     TELVIN BREAUX, aka “AJ” and
16
     “Lilcup;” and
17   HOLLY WHITE,

18                                  Defendants.
19

20         The government moves the Court, pursuant to Rule 6(e) of the Federal Rules of

21   Criminal Procedure, to order and direct that the Indictment returned by the Grand Jury

22   on July 15, 2021 charging the above defendant with violations of 18 U.S.C. § 1349 –

23   Conspiracy to Commit Mail Fraud; 18 U.S.C. § 1028A(a)(1) – Aggravated Identity Theft

24   (Two Counts); 18 U.S.C. §§ 1028A(a)(1) and 2 – Aggravated Identity Theft and Aiding and

25   Abetting (Two Counts); 18 U.S.C. § 981(a)(1)(C), and 28 U.S.C. § 2461(C) – Criminal

26   Forfeiture, be kept secret until the defendant named in this Indictment is either in

27   custody or has been given bail on these offenses; and further order that until such time as

28   the defendant is in custody or has been given bail, that no person shall disclose the finding

      Motion to Seal Indictment                    1
           Case 1:21-cr-00184-ADA-BAM Document 5 Filed 07/15/21 Page 2 of 2


 1   of the Indictment or any warrants issued pursuant thereto, except when necessary for the
 2   issuance and execution of the warrants.
 3
     DATED: July 15, 2021
 4

 5                                         Respectfully submitted,

 6                                         PHILLIP A. TALBERT
                                           Acting United States Attorney
 7

 8                                  By         /s/ JOSEPH BARTON
                                                  JOSEPH BARTON
 9                                                Assistant U.S. Attorney
10

11         IT IS SO ORDERED.

12   Dated: July 15, 2021                  _____________________________
                                           ERICA P. GROSJEAN
13
                                           U.S. Magistrate Judge
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      Motion to Seal Indictment                    2


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