United States v. Mitchell

ORDER

Defendant Albert Mitchell is charged with knowingly receiving child pornography in violation of 18 U.S.C. § 2252 (a)(2). He seeks an order compelling the government to provide him with a mirror copy of the computer media seized from him. (ECF No. 90.) He agrees to a protective order under which all materials will be accessible to defense attorneys, paralegals, and experts only, on a confidential basis. The government refuses to produce the materials, arguing it is prohibited from doing under 18 U.S.C. § 3509 (m), a provision of the Adam Walsh Act. 1 After an evidentiary hearing, the duty magistrate judge granted defendant’s motion, but *1267 stayed the order, pending the government’s appeal to this court. (ECF No. 85.)

The matter is now before this court on the government’s request for reconsideration of the magistrate judge’s order. (ECF No. 90.) The court held a hearing on the matter on June 17, 2015, at which Josh Sigal appeared for the government; Michael Garvin appeared on behalf of an alleged victim; and Michael Chastaine appeared for defendant. (ECF No. 101.) The magistrate judge’s “core legal error,” the government asserts, “was to decide based on the subjective…