McClatchy Newspapers, Inc. v. U.S. District Court for the Eastern District of California

Good Law
288 F.3d 369
United States Court of Appeals for the Ninth CircuitDecember 3, 2001Nos. 01-70941, 01-10335California2,204 words

Opinion

Lead Opinion

Noonan, J.

ORDER

The opinion filed on December 3, 2001 is amended as follows:

At slip op. p. 16333, after new ¶ 3 and before ¶ 4, add the following:

With these amendments, the panel voted to deny the petition for rehearing. Judges Schroeder and Fletcher have voted to deny the petition for rehearing en banc and Judge Noonan recommended denying the petition for rehearing en banc.

The full court has been advised of the petition for en banc rehearing, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).

The petition for rehearing is DENIED, and the petition for rehearing en banc is DENIED.

OPINION

McClatchy Newspápers, Inc., dba The Sacramento Bee (The Bee), seeks a writ of mandamus to reverse the final post-judgment order of the district court in response to The Bee’s request that it unseal, without redaction, two proffer letters offered by Mark Leslie Nathanson (Nathan-son) in connection with his motion to reduce his criminal sentence. We grant the writ, vacate the order, and remand to the district court to unseal the letters and make them publicly available without redaction.

FACTS AND PROCEEDINGS

On May 7,1992, Nathanson was…

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