Higuera-Guerrero

United States v. Higuera-Guerrero

Good Law
518 F.3d 1022·36 Media L. Rep. (BNA) 1705·2008 U.S. App. LEXIS 4551
United States Court of Appeals for the Ninth CircuitMarch 4, 200807-72143California3,158 words

Opinion

Lead Opinion

Kozinski, J.

We consider the district court’s order unsealing the transcript of a plea colloquy, a plea agreement’s “cooperation addendum” and the documents supporting a motion to seal the plea proceedings.

Facts

Ismael Higuera-Guerrero ran a drug cartel in Mexico along with Javier Arrella-no-Felix and Arturo Villareal-Heredia. After U.S. authorities captured the three men, Higuera-Guerrero agreed to plead guilty and to cooperate with the govern *1025 ment, but the others, initially, declined. 1 The government and Higuera-Guerrero signed a plea agreement containing a “cooperation addendum” in which Higuera-Guerrero pledged to help the government build its case against the cartel. The government filed the plea agreement with the district court, along with a motion to seal the plea “proceedings.” The government argued that publicizing Higuera-Guerre-ro’s plea would endanger him and others. Higuera-Guerrero joined the government’s motion to seal.

The district court granted the government’s motion to seal while the government took steps to reduce the danger to Higuera-Guerrero and others. After those steps were taken, the district court unsealed a redacted transcript of the plea colloquy and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.