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).”
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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.
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DATED: July 15, 2021
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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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