Attorneys for Paul Pelosi and UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BUTLER, Defendant.

The Federal Double Cross

Opinion

No.:CR11 0529 SBA

09-14-2012

UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BUTLER, Defendant.

WILLIAM E. GAGEN, JR. CSB #043832 AMANDA I. BEVINS, CSB#167938 Gagen, McCoy, McMahon, Koss, Markowitz & Raines Attorneys for Defendant CHRISTOPHER BUTLER

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SANDRA BROWN ARMSTRONG

WILLIAM E. GAGEN, JR. CSB #043832

AMANDA I. BEVINS, CSB#167938

Gagen, McCoy, McMahon, Koss, Markowitz & Raines

Attorneys for Defendant

CHRISTOPHER BUTLER

APPLICATION AND [PROPOSED]

ORDER TO FILE UNDER SEAL

Sentencing Date: September 21, 2012

UNDER SEAL

Christopher Butler, by and through his counsel William E. Gagen, Jr., hereby moves this Court for an order sealing the application for sealing order, the sealing order, Defendant's Sentencing Memorandum, and all documents related to the Sentencing Memorandum in the above-referenced action. The Sentencing Memorandum relates to an ongoing investigation and the named defendant is in the Dublin Federal Detention Facility. Accordingly, disclosure of these documents may jeopardize Defendant's safety

This application is made on grounds that sentencing documents contain constitutionally-protected information. The individual's right to privacy in such information overrides the public's qualified right of access.

Assistant United States Attorney Hartley West has been contacted and she too has petitioned the Court for an Order to file under seal the Government's Sentencing  Memorandum.

GAGEN, MCCOY, MCMAHON, KOSS,

MARKOWITZ & RAINES

A Professional Corporation

By: _______________

WILLIAM E. GAGEN, JR.

Attorneys for Defendant

CHRISTOPHER BUTLER

ORDER

Upon motion of the Defendant and good cause shown, it is hereby ORDERED that the application for a sealing order, the sealing order, Defendant's Sentencing Memorandum, and all documents related to the Sentencing Memorandum in the above-referenced action, shall be filed under seal by the Clerk until further order of the Court.

_______________

SANDRA BROWN ARMSTRONG

Judge, United States District Court

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Case No. CR 11-0529 SBA

07-02-2012

UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BUTLER, Defendant.

SAUNDRA B. ARMSTRONG

PRELIMINARY ORDER OF
FORFEITURE
Having considered the application for a preliminary order of forfeiture filed by the United States and the plea agreement entered on May 7, 2012, wherein the defendant admitted to the forfeiture allegation, and good cause appearing,

IT IS HEREBY ORDERED that defendant Christopher Butler shall forfeit to the United States:

• 2005 Hummer SUV, vehicle identification number 5GRGN23U65H130916
pursuant to 21 U.S.C. § 853 and the provisions of Rule 32.2 of the Federal Rules of Criminal Procedure.
IT IS FURTHER ORDERED that the United States, through its appropriate agency, shall seize the forfeited property forthwith and publish on www.forfeiture.gov, a government website for at least thirty days, notice of this Order, notice of the government's intent to dispose of the property in such manner as the Attorney General may direct and provide notice that any person,  other than the defendant, having or claiming a legal interest in the property must file a petition with the Court and serve a copy on government counsel within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.

IT IS FURTHER ORDERED that the government shall conduct discovery in order to identify, locate or dispose of property subject to forfeiture in accordance with Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.

IT IS FURTHER ORDERED that the Court to retain jurisdiction to enforce the Preliminary Order of Forfeiture, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).

IT IS FURTHER ORDERED that, pursuant to Rule 32.2(b)(3) of the Federal Criminal Rules of Procedure, this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment.

IT IS SO ORDERED this 2nd day of July 2012.

_________________________
HONORABLE SAUNDRA B. ARMSTRONG
United States District Judge

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