Bradymaterialonblainecooper

Case 3:16-cr-00051-BR

Document 1915

Filed 02/20/17

Page 1 of 2

Jason Patrick, Pro Se c/o Andrew M. Kohlmetz, OSB #955418 Kohlmetz Steen & Hanrahan PC 741 SW Lincoln Street Portland, OR 97201 Tel: (503) 224-1104 Fax: (503) 224-9417 Email: andy@kshlawyers.com

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

UNITED STATES OF AMERICA, Plaintiff, vs.

JASON PATRICK, Defendant

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Case No. 3:16-CR-00051-BR-09 DEFENDANT’S UNOPPOSED MOTION TO SUBMIT PRESENTENCE REPORT TO THE COURT FOR IN-CAMERA REVIEW FOR EXCULPATORY INFORMATION

Standby counsel Andrew M. Kohlmetz has conferred with AUSA Geoffrey Barrow. Both parties are in agreement as to the Motion.

COMES NOW the Defendant, Jason Patrick, by and through his standby counsel, and hereby Moves the Court for Order allowing the United States Attorney’s Office and or the United States Probation Office to submit to the Court under seal and for in-camera review the Presentence Report prepared on government witness Blaine Cooper in the United States v. Blaine Cooper, Case No.: 2:16-cr-00046-GMN-PAL, in the District Court for the District of Nevada.

The purpose of the submission is to allow the court to review the presentence report for any discoverable or exculpatory information therein, and to disclose to the parties any such DEFENDANT’S UNOPPOSED MOTION TO SUBMIT PRESENTENCE REPORT TO THE COURT FOR IN-CAMERA REVIEW Kohlmetz Steen & Hanrahan PC 741 SW Lincoln Street Portland, OR 97201 (503) 224-1104

Case 3:16-cr-00051-BR

Document 1915

Filed 02/20/17

Page 2 of 2

information. The PSR will itself remain sealed in the court record for purposes of any appellate review. A recent District Court case recites the relevant legal principle: Our court of appeals has held that '[w]hile a criminal defendant has no constitutional right to examine presentence reports, he is nevertheless entitled to disclosure of Brady material contained therein.'

United States v. Cestoni, 185 F.Supp.3d 1184, 1191 (N.D. Cal 2016), citing United States v.

Alvarez, 358 F.3d 1194, 1207 (9th Cir.2004). This Court should grant the motion and turn over any appropriate materials to the parties after in-camera review of the presentence report.

RESPECTFULLY SUBMITTED This 20th day of January, 2017.

________________________________ Andrew M. Kohlmetz, OSB 955418 Standby counsel for Jason Patrick, Pro Se

DEFENDANT’S UNOPPOSED MOTION TO SUBMIT PRESENTENCE REPORT TO THE COURT FOR IN-CAMERA REVIEW Kohlmetz Steen & Hanrahan PC 741 SW Lincoln Street Portland, OR 97201 (503) 224-1104