govt filing - lawrence proctor -- oct 2014

8/10/2019 Govt Filing - Lawrence Proctor -- Oct 2014

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA : Criminal No. 13-305-09 (EGS)

:

v. : UNDER SEAL:

LAWRENCE PROCTOR, :

:

Defendant. :

MOTION TO SEAL THE GOVERNMENTS UNOPPOSED MOTION TO

CONTINUE THE SENTENCING HEARING AND TO SCHEDULE A STATUS

HEARING, AND TO DELAY ENTRY ON THE PUBLIC DOCKET

The United States, by and through its attorney, the United States Attorney for the District

of Columbia, hereby respectfully submits this Motion to Seal the Government =s Unopposed

Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing and proposed Order,

the instant Motion to Seal and proposed Order, and to Delay Entry on the Public Docket of the

Filing of these documents. In support of this motion, the government states as follows:

The defendant is pending sentencing. The sentencing hearing is scheduled for

December 17, 2014. On October 1, 2014, the government was informed by the Federal Bureau

of Investigation (FBI) that one of the special agents involved in the investigation of the

above-captioned matter may have been involved in tampering with some of the firearms,

narcotics, and other items of evidence seized during this investigation. The FBI is in the process

of investigating the alleged misconduct. As a result, public disclosure of the Motion to Continue

the Sentencing Hearing and to Schedule a Status Hearing, this motion to seal, and any orders and

other pleadings related to these motions will compromise the integrity of the ongoing investigation

into the alleged misconduct by the agent. Accordingly, pursuant to Washington Post v. Robinson,

935 F.2d 282, 289, n.10 (D.C. Cir. 1991), the government moves to seal the Governments

Unopposed Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing, the

Case 1:13-cr-00305-EGS Document 436 Filed 10/21/14 Page 1 of 2


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proposed Order, any orders on that motion, this Motion to Seal and proposed Order, and also

delaying the public docketing of the filing of any these documents.

WHEREFORE, it is respectfully requested that this Motion to Seal be granted.

Respectfully submitted,

RONALD C. MACHEN JR.UNITED STATES ATTORNEY

Bar No. 447-889

By: /s/

KARLA-DEE CLARK

D.C. Bar No. 435-782

Assistant United States Attorney

Violent Crime and Narcotics Trafficking Section555 4th

Street, NW, 4th

Floor

Washington, D.C. 20530(202) 252-7740

[email protected]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing pleading was served upon counsel for

the defendant Nathan Silver, Esq., via electronic mail to [email protected], this 21st day ofOctober 2014.

/s/

Karla-Dee ClarkAssistant United States Attorney

Case 1:13-cr-00305-EGS Document 436 Filed 10/21/14 Page 2 of 2


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:

v. : UNDER SEAL:

LAWRENCE PROCTOR, :

:

Defendant. :

ORDER

Upon consideration of the Governments Motion to Seal the Government=s Unopposed

Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing, and to Delay

Entry on the Public Docket, and for good cause shown, it is hereby:

ORDERED that the Governments Motion to Seal the Government =s Unopposed Motion

to Continue the Sentencing Hearing and to Schedule a Status Hearing, and proposed order filed

on October 21, 2014, and the Order granting the Governments Unopposed Motion to Continue

the Sentencing Hearing and to Schedule a Status Hearing, and any related pleadings is hereby

GRANTED; and it is

FURTHER ORDERED that the Clerk of the Court is to delay entry on the public docket

of the filing of the Governments Motion to Seal the Governments Unopposed Motion to

Continue the Sentencing Hearing and to Schedule a Status Hearing, and proposed order, the

Government=s Motion to Seal and proposed order, and this Order until further order of the Court.

SIGNED this ____ day of October, 2014

_______________________________

EMMET G. SULLIVAN, District Judge

United States District CourtFor the District of Columbia

Case 1:13-cr-00305-EGS Document 436-1 Filed 10/21/14 Page 1 of 1


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1




:

v. : UNDER SEAL:

LAWRENCE PROCTOR, :

:

Defendant. :

GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE THE

SENTENCING HEARING AND TO SCHEDULE A STATUS HEARING

The United States, by and through its attorney, the United States Attorney for the District

of Columbia, submits this Motion to Continue the Sentencing Hearing and to Schedule a Status

Hearing in this case. In support of this motion, the government states as follows:

1. On August 6, 2014, the defendant, Lawrence Proctor, pled guilty before

Magistrate Judge Kay to one count of Conspiracy to Distribute and Possess with the Intent to

Distribute a Detectable Amount of Heroin, in violation of 21 U.S.C. 846, 841(a)(1) and 841

(b)(1)(C). A sentencing hearing is scheduled for December 17, 2014. As a result of newly

discovered information which may materially affect the ultimate disposition of this matter, the

government moves to continue the sentencing hearing and to stay the filing of sentencing

motions and memoranda. Counsel for the defendant, Nathan Silver, has been contacted by

undersigned counsel and does not oppose this motion.

2. On or about October 1, 2014, the United States Attorneys Office was informed

by the Federal Bureau of Investigation (hereinafter FBI), Washington Field Office, that one of

the special agents involved in the investigation of the above-captioned matter may have been

involved in tampering with some of the firearms, narcotics, and other items of evidence seized

during this investigation. At this time, we understand that the alleged agent misconduct with



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2

respect to this investigation may be limited to the execution of search warrants on November 20,

2013, at a residence of a co-defendant in Deale, Maryland, and a vehicle associated with that

co-defendant. The involved FBI special agent has been suspended. The special agent is now

under investigation. Because the investigation of the special agents alleged misconduct is in

its early stages, the government does not yet have sufficient information in order to determine

what impact, if any, the alleged misconduct will have on the defendants case. Accordingly, the

government requests that the sentencing hearing be continued and the filing of sentencing

motions and memoranda be stayed to permit the defendant to review the governments disclosure

of newly discovered information. A stay of the filing of all sentencing motions and memoranda

also will allow the government to further assess this newly discovered information and inform

the Court and defense counsel what course the government intends to pursue in this case.

3. The government also respectfully requests that a mutually convenient status

hearing be scheduled in approximately 30 days. The parties are available for a status hearing

the afternoon of November 14, 2014. Mr. Silver is out of the office from November 1-13,

2014, and due to previously scheduled medical procedures will be unavailable November 17,

2014, through mid-December 2014.

4. By separate motion filed simultaneously with the instant motion, the government

also moves that this motion and any orders or pleadings related thereto, be ordered to remain

sealed because of the risk that public disclosure of these pleadings will compromise the integrity

of the ongoing investigation into the alleged misconduct by the special agent.



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3

WHEREFORE, for the reasons stated above, the United States respectfully requests that

its Unopposed Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing be

granted.

Respectfully submitted,

RONALD C. MACHEN JR.

UNITED STATES ATTORNEYD.C. Bar No. 447-889

By:

/s/Karla-Dee Clark, D.C. Bar No. 435-782

Todd Gee

Zia FaruquiAssistant United States Attorneys

555 4th

Street, NW, 4th

Floor

Washington, DC 20530(202) 252-7740 (Clark)

(202) 252-7224 (Gee)

(202) 252-7117 (Faruqui)[email protected]

[email protected]

[email protected]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing pleading was served upon counsel for

the defendant Nathan Silver, Esq., via electronic mail to [email protected], this 21st day ofOctober 2014.

/s/Karla-Dee Clark

Assistant United States Attorney



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:

v. : UNDER SEAL:

LAWRENCE PROCTOR, :

:

Defendant. :

ORDER

Upon consideration of the Governments Unopposed Motion to Continue the Sentencing

Hearing and to Schedule a Status Hearing, and good cause having been shown, it is hereby,

ORDERED that the Motion to Continue the Sentencing Hearing and to Schedule a Status

Hearing is GRANTED; and it is

FURTHER ORDERED that the filing of all sentencing memoranda and any pleadings

related to sentencing in this case is hereby stayed; and it is

FURTHER ORDERED that the sentencing hearing date of December 17, 2014, is hereby

vacated, and it is

FURTHER ORDERED that a status hearing is scheduled for November ____, at _____

a.m./p.m.

________________________ _________________________________

Date EMMET G. SULLIVAN, District Judge

United States District CourtFor the District of Columbia


govt filing - lawrence proctor -- oct 2014

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