United States v. Hatcher, No. 12-5294 (6th Cir. 2012)

Hatcher is appealing his conviction for conspiring to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana. He moved to file his appendix under seal to prevent the public disclosure of personal identifying information. The government has not responded. The Sixth Circuit granted the motion in part, noting that the record contains limited redactable material. While documents filed in the appeals court generally must be made available to the public, documents sealed in the district court must continue under seal, 6th Cir. R. 25(h)(5). Documents whose privacy protection was governed by Federal Rule of Criminal Procedure 49.1 are governed by the same rule on appeal, Fed. R. App. P. 25(a)(5). Rule 49.1 permits redaction of certain personal identifying information, including social security numbers and home addresses, but does not permit redaction of court filings related to certain charging documents in criminal matters. The appendix at issue contains exhibits that were admitted during Hatcher’s sentencing hearing, but are not included in the record on appeal that apparently were not sealed before the district court and contain limited references to information permitted to be redacted under Rule 49.1.