Order, Application to File Sentencing Memorandum Under Seal — United States v. Ford (W.D. Okla., Document 27)

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Order on Defendant Jill Ford's Application to File Sentencing Memorandum Under Seal, filed May 12, 2023 as Document 27 in Case 5:22-cr-00009-JD, U.S. District Court for the Western District of Oklahoma. The Court states that counsel for the United States does not object and, under Federal Rule of Criminal Procedure 49.1(d), PROVISIONALLY GRANTS the Motion. It directs that at sentencing the parties should be prepared to address whether the filings remain under seal or whether a redacted version should be filed for the public record. The parties must confer before the sentencing hearing to prepare proposed redactions, and Defendant's counsel must bring proposed redacted versions. The order is dated the 12th day of May 2023.

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            Case 5:22-cr-00009-JD Document 27 Filed 05/12/23 Page 1 of 2




                    IN THE UNITED STATES DISTRICT COURT
                  FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,                        )
                                                 )
                      Plaintiff,                 )
                                                 )
v.                                               )      Case No. CR-22-00009-JD
                                                 )
JILL NICOLE FORD,                                )
                                                 )
                      Defendant.                 )

                                         ORDER

       Before the Court is Defendant Jill Ford’s Application to File Sentencing

Memorandum Under Seal (“Motion”). [Doc. No. 26]. The Motion requests leave to file

the Defendant’s sentencing memorandum under seal. The Motion advises that the

sentencing memorandum will contain sensitive, personal, and confidential information.,

not for public disclosure. Motion at 1. Counsel for the United States does not object.1

       Federal Rule of Criminal Procedure 49.1(d) provides that “[t]he court may order

that a filing be made under seal without redaction. The court may later unseal the filing or

order the person who made the filing to file a redacted version for the public record.”

       Under Rule 49.1(d), the Court PROVISIONALLY GRANTS the Motion. Counsel

for Defendant may file Defendant’s sentencing memorandum under seal in accordance

with the Electronic Case Filing Policies and Procedures Manual for the Western District

of Oklahoma. At sentencing, however, the parties should be prepared to address whether

these filings should remain under seal following sentencing or whether a redacted version


       1
           This was confirmed by the Court.
           Case 5:22-cr-00009-JD Document 27 Filed 05/12/23 Page 2 of 2




should be filed for the public record. See Fed. R. Crim. P. 49.1(d); cf. United States v.

Bacon, 950 F.3d 1286 (10th Cir. 2020). Additionally, the parties must confer prior to the

sentencing hearing in a good-faith attempt to prepare proposed redactions in the event the

Court orders these filings unsealed in whole or in part, and Defendant’s counsel must

appear at the sentencing hearing with proposed redacted versions of any filings that were

filed entirely under seal as a result of this Order.2

       IT IS SO ORDERED this 12th day of May 2023.




       2
        For example, although direct references to the PSR might be properly sealed,
general references to charging documents, statutes, sentencing guidelines, and associated
case law often do not need to be withheld from public access.

                                               2


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