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United States v. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 10, 2006

UNITED STATES OF AMERICA
v.
FRANK TIMOTHY BROWN

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of January, 2006, upon consideration of defendant's unopposed motion to review juvenile records (Doc. 51), requesting that the court order the Lancaster County Children & Youth Social Service Agency and the Lancaster County Office of Juvenile Probation to produce defendant's juvenile records for review prior to defendant's sentencing in the above-captioned case, and it appearing that counsel may inspect defendant's juvenile records without leave of court, compare 42 Pa. Cons. Stat. Ann. § 6307(4) (West 2005) ("All files and records of the court in a proceeding under this chapter are open to inspection . . . [by] the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to a proceeding under this chapter." (emphasis added)), with id. § 6307(7) (requiring "leave of court" for "any other person or agency or institution having a legitimate interest in the proceedings"), it is hereby ORDERED that the motion to review juvenile records (Doc. 51) is DENIED without prejudice to counsel's right to re-file the motion with a brief in support thereof, discussing the statute at issue and this court's jurisdiction to grant the relief requested and citing to relevant and controlling caselaw.

CHRISTOPHER C. CONNER United States District Judge

20060110

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