Judge Linda Parker’s opinion on Thursday in U.S. v. Markovitz (E.D. Mich.) involved the defendant, Alan Markovitz, who is known for writing Topless Prophet: The True Story of America’s Most Successful Gentleman’s Club Entrepreneur. However, the criminal case in question does not seem to be related to his book:
Charles Blackwell initiated a legal action to unseal the sentencing memoranda in the criminal case against Alan Markovitz. Markovitz had pleaded guilty to making a false statement in violation of federal law. Prior to sentencing, only the United States had filed a sentencing memorandum, which was sealed by court order. Markovitz also submitted a letter to the Court before sentencing, which was not included in the public record.
Blackwell argued for the unsealing of the sentencing memoranda, citing the public’s right to access court records. He contended that the sealing of the documents violated Sixth Circuit case law and lacked proper procedural steps. In response, the United States defended the sealing of its memorandum, stating it contained sensitive information. However, they offered to file a redacted version for public access.
Markovitz has not responded to Blackwell’s request. The public and press have a presumptive right to access court proceedings and records, protected by common law and the First Amendment. Sentencing memoranda are considered essential documents that contribute to a fair judicial process and should be accessible to the public.
The Sixth Circuit requires that the public be given an opportunity to voice their concerns before access to court documents is restricted. The burden of justifying non-disclosure of records lies with the party seeking to limit access. In this case, the process of sealing the sentencing memorandum did not align with Sixth Circuit precedent, neglecting the public’s interest in transparency.
The Court orders the sentencing materials to be unsealed, giving the United States and Markovitz a chance to present compelling reasons for sealing certain parts. Failure to do so within fourteen days will result in the documents being made public.
It is worth noting that Blackwell was previously involved in a successful case regarding a restraining order, as discussed in a previous article.
Could you please rephrase that?
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