United States v. John Big Leggins, Jr.

Good Law
375 F. App'x 692
United States Court of Appeals for the Ninth CircuitApril 9, 201008-30314California476 words

Opinion

Opinion

MEMORANDUM

. John Big Leggins, Jr., appeals his 405-month sentence for aggravated sexual abuse in violation of 18 U.S.C. §§ 1153 (a) and 2241(a)(1). Big Leggins argues that the district court erred, first, in refusing to seal a psychosexual report submitted by the defense for consideration at sentencing, and, second, by imposing an unreasonable sentence. We review for abuse of discretion both the district court’s decision whether to seal records, Kamakana v. City and County of Honolulu, 447 F.3d 1172 , 1178 n. 3 (9th Cir.2006), and its sentencing decisions, United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). We affirm.

The district court did not err in refusing to seal the report. “In this circuit, we start with a strong presumption in favor of access to court records.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir.2003). A party seeking to overcome that presumption “must ‘articulate[ ] compelling reasons supported by specific factual findings’ that outweigh the general history of access and the public policies favoring diselosure[.]” Kamakana, 447 F.3d at 1178 -79 (quoting Foltz, 331 F.3d at 1135 ). Big Leggins requested that the…

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