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Home Source documents Order Granting in Part the Government’s Motion to Seal and/or Redact in Part — No. 23-cr-20253 (Dkt. 228, E.D. Mich.)

Order Granting in Part the Government’s Motion to Seal and/or Redact in Part — No. 23-cr-20253 (Dkt. 228, E.D. Mich.)

Summary

An order by U.S. District Judge Judith E. Levy dated August 1, 2025 in United States v. Deangelo Jackson-Portwood et al., Case No. 23-cr-20253 (ECF No. 228), in the U.S. District Court for the Eastern District of Michigan, on the government's motion to seal and/or redact in part (ECF No. 205). The government said that, due to inadvertent error, seven forfeiture filings, orders and judgments contained the full names of victims, inconsistent with the Crime Victim Rights' Act, 18 U.S.C. § 3771(a)(8). The court grants sealing of the victim identifying information but denies the request to redact the entries and append Exhibit A, which it says it cannot do. It directs the Clerk to seal ECF Nos. 132, 161, 175, 176, 177, 178, and 188 and has the government refile the forfeiture papers with that information redacted.

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Full text

Case 5:23-cr-20253-JEL-DRG ECF No. 228, PageID.1806 Filed 08/01/25 Page 1 of 5




                 UNITED STATES DISTRICT COURT
                 EASTERN DISTRICT OF MICHIGAN
                      SOUTHERN DIVISION


United States of America,

                        Plaintiff,     Case No. 23-cr-20253

v.                                     Judith E. Levy
                                       United States District Judge
D-1 Deangelo Jackson-Portwood,
D-2 Anton Greenwood,                   Mag. Judge David R. Grand
D-3 Adartha Tillman,
D-4 Timothy Boyle,
D-5 Tyrone Boyle,
D-6 Christopher Lindsay,
D-7 Taurean Davis,
D-8 Maurice Brown-Portwood,

                        Defendants.

________________________________/

       ORDER GRANTING IN PART THE GOVERNMENT’S
       MOTION TO SEAL AND/OR REDACT IN PART [205]

      Before the Court is the government’s motion to seal and/or redact

in part. (ECF No. 205.) The government seeks to seal and/or redact in

part the following:

       ECF No. Proposed Portions           Document
               for Seal/Redaction
         132   List of Forfeiture  First Forfeiture Bill of
               Property at PageID. Particulars
               381–390
Case 5:23-cr-20253-JEL-DRG ECF No. 228, PageID.1807 Filed 08/01/25 Page 2 of 5




       ECF No. Proposed Portions                   Document
               for Seal/Redaction
         161   List of Forfeiture          Stipulated Preliminary
               Property at PageID.         Order of Forfeiture (D-3)
               812–823
         175   List of Forfeiture          Stipulated Preliminary
               Property at PageID.         Order of Forfeiture (D-8)
               1058–1069
         176   List of Forfeiture          Judgment (D-8)
               Property at PageID.
               1082–1088
         177   List of Forfeiture          Stipulated Preliminary
               Property at PageID.         Order of Forfeiture (D-6)
               1090–1101
         178   List of Forfeiture          Stipulated Preliminary
               Property at PageID.         Order of Forfeiture (D-1)
               1107–1118
         188   List of Forfeiture          Amended Judgment (D-8)
               Property at PageID.
               1317–1322

(Id. at PageID.1609–1610.) The government states that “[d]ue to

inadvertent error, the above filings, orders, and judgments (collectively

referred to herein as the ‘Docket Entries’), contain the full names of

victims in the instant matter, including associated banks and partial

account information, inconsistent with provisions of the Crime Victim

Rights’ Act (CVRA), 18 U.S.C. § 3771(a)(8).” (ECF No. 205,

PageID.1610.) The government asks that a document identified as

“Exhibit A” be appended to the Docket Entries “[t]o limit the

seal/redactions so that they are no broader than necessary and

                                      2
Case 5:23-cr-20253-JEL-DRG ECF No. 228, PageID.1808 Filed 08/01/25 Page 3 of 5




maintain public access to the greatest extent possible to the Docket

Entries.” (Id. at PageID.1610–1611; see id. at PageID.1616–1625

(Exhibit A).)

      Having reviewed the materials provided by the government, the

Court finds that the Docket Entries contain victim identifying

information that may be sealed pursuant to Eastern District of

Michigan Local Rule 5.3 and the standard set forth in Shane Group,

Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299, 306 (6th Cir.

2016) (“[T]he interests in support of nondisclosure are compelling, . . .

the interests supporting access are less so, and . . . the seal itself is no

broader than necessary[.]”). Accordingly, the government’s request to

seal and/or redact portions of the Docket Entries that contain victim

identifying information is GRANTED.

      However, the Court is unable to seal or redact portions of the

Docket Entries. Nor can the Court append an exhibit to each of them.

Accordingly, the government’s request that the Court seal and/or redact

parts of the Docket Entries and append Exhibit A to them is DENIED.

      For the reasons set forth above, the government’s motion to seal

and/or redact in part (ECF No. 205) is GRANTED IN PART. To



                                      3
Case 5:23-cr-20253-JEL-DRG ECF No. 228, PageID.1809 Filed 08/01/25 Page 4 of 5




accomplish the sealing and/or redacting requested by the government

and allowed by the Court,

 The Court directs the Clerk’s Office to seal ECF Nos. 132, 161, 175,

   176, 177, 178, and 188.

 The government must refile the First Forfeiture Bill of Particulars in

   ECF No. 132 with the victim identifying information redacted as

   reflected in Exhibit A.

 The government must resubmit for the Court’s consideration the

   Stipulated Preliminary Orders of Forfeiture in ECF Nos. 161, 175,

   177, and 178 with the victim identifying information redacted as

   reflected in Exhibit A.

 Amended judgments will be entered as to ECF Nos. 176 and 188 with

   the victim identifying information redacted as reflected in Exhibit A.

      IT IS SO ORDERED.

Dated: August 1, 2025                     s/Judith E. Levy
     Ann Arbor, Michigan                  JUDITH E. LEVY
                                          United States District Judge




                                      4
Case 5:23-cr-20253-JEL-DRG ECF No. 228, PageID.1810 Filed 08/01/25 Page 5 of 5




                     CERTIFICATE OF SERVICE

      The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or first-class U.S. mail addresses
disclosed on the Notice of Electronic Filing on August 1, 2025.

                                          s/William Barkholz
                                          WILLIAM BARKHOLZ
                                          Case Manager




                                      5


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