Request to File Ex Parte Motion under Seal — No. 1:23-cr-00219 (Dkt. 118, E.D. Cal.)

Summary

An Amended Request to File Ex Parte Motion Under Seal with an order, Document 118, filed September 9, 2025 in United States v. David He, Case No. 1:23-CR-00219-DAD-BAM, in the U.S. District Court for the Eastern District of California. Attorney Anthony P. Capozzi gives notice under Local Rule 141 that he has asked the Court to seal an ex parte motion for the defendant, in a notice dated September 2, 2025. The order, under Local Rule 141(b), seals the defendant's Ex Parte Motion to Withdraw as Attorney of Record and Request to be Appointed Pursuant to 18 U.S.C § 3006A until further order, limits access to the government and counsel for the defendant, and finds that sealing serves a compelling interest. It is dated September 8, 2025 over the name of Judge Dale A. Drozd.

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        Case 1:23-cr-00219-DAD-BAM             Document 118         Filed 09/09/25     Page 1 of 2


1    ANTHONY P. CAPOZZI, CSBN: 068525
     THE LAW OFFICE OF ANTHONY P. CAPOZZI
2    1233 West Shaw Avenue, Suite 102
     Fresno, California 93711
3    Telephone: (559) 221-0200
     Facsimile: (559) 221-7997
4    E-Mail: anthony@capozzilawoffices.com
     www.capozzilawoffices.com
5

6    Attorney for Defendant,
     DAVID HE
7

8                                 UNITED STATES DISTRICT COURT
9                                EASTERN DISTRICT OF CALIFORNIA
10                                                 ******
11   UNITED STATES OF AMERICA.                       )      CASE NO.: 1:23-CR-00219-DAD-BAM
                                                     )
12                  Plaintiff,                       )
                                                     )
13                                                   )                    AMENDED
            v.
                                                     )        REQUEST TO FILE EX PARTE
14
     DAVID HE                                        )
                                                     )                     MOTION
15
                    Defendant.                       )
                                                     )                  UNDER SEAL
16                                                   )
                                                     )
17

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     NOTICE IS HEREBY GIVEN that pursuant to Local Rule 141, Local Rules of the United
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     States District Court of the Eastern District of California, Anthony P. Capozzi, as attorney for
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     defendant, David He, has submitted to the Court a Request to Seal Documents, requesting the
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     Court Order Ex Parte Motion for David He to be filed UNDER SEAL.
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                                                          Respectfully submitted,
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     DATED: September 2, 2025                             By: /s/ Anthony P. Capozzi___________
27                                                        ANTHONY P. CAPOZZI, Attorney for
                                                          DAVID HE
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                                                      1
                         UNITED STATES VS. DAVID HE, CASE NO. 1:23-CR-00219-DAD-BAM
                                   NOTICE AND ORDER TO FILE UNDER SEAL
         Case 1:23-cr-00219-DAD-BAM              Document 118         Filed 09/09/25      Page 2 of 2


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3                                                  ORDER
4             Pursuant to Local Rule 141(b) IT IS HEREBY ORDERED that the Defendant, David
5    He’s Ex Parte Motion to Withdraw as Attorney of Record and Request to be Appointed Pursuant
6    to 18 U.S.C § 3006A be SEALED until further order of this Court. It is further ordered that
7    access to the sealed documents shall be limited to the government and counsel for the defendant.
8             The court has considered the factors set forth in Oregonian Publishing Co. V. U.S.
9    District Court for the District of Oregon, 9210 F.2d1462 (9th Cir. 1990). The court finds that, for
10   the reason stated in the defendant’s request, sealing the defendant’s ex parte motion serves a
11   compelling interest. The court further finds that, in the absence of closure, the compelling
12   interest identified by the defendant would be harmed. In the light of the public filing of its
13   requests to seal, the Court further finds that there are no additional alternatives to sealing the
14   defendant’s ex parte motion that would adequately protect the compelling interest identified by
15   the defendant.
16

17            IT IS SO ORDERED.
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     Dated:     September 8, 2025
19                                                       DALE A. DROZD
                                                         UNITED STATES DISTRICT JUDGE
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                                                       2
                          UNITED STATES VS. DAVID HE, CASE NO. 1:23-CR-00219-DAD-BAM
                                    NOTICE AND ORDER TO FILE UNDER SEAL


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