Plaintiff,
4:18CR3070
vs.
MOTION TO DISCLOSE AND
FOR A PROTECTIVE ORDER
JOSEPH L. MELTON,
Defendant.
COMES NOW the United States of America, by and through the United States Attorney
and the undersigned Assistant United States Attorney, and moves this Court for an Order
authorizing the United States to disclose certain records received from the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) to opposing counsel in the above-captioned case. The
United States is further requesting that the Court enter a protective order. In furtherance of the
1. This Court entered a Progression Order (Filing No. 15) requiring that Rule 16
discovery be provided to opposing counsel within 14 days of the July 16, 2018, initial
appearance hearing.
2. The discovery material in this case include completed ATF forms regarding items
regulated under the National Firearms Act (NFA), as well as other reports and documents related
to those ATF forms. Those records are covered under the definition of “tax return” records, they
are confidential, and typically may not be disclosed pursuant to 26 U.S.C. § 6103.
3. Because Melton was a distributor of silencers, which are items regulated under the
NFA, the above mentioned discovery includes tax return information not just for Melton, but
4. Melton’s attorney will need to review the above mentioned discovery in order to
5. Because the discovery includes tax return information, the government is asking that
the Court enter an order permitting the government to provide a copy to defense counsel.
6. Because the discovery includes tax return information for Melton and others, the
government is requesting that the Court also enter a protective order that would permit Melton’s
attorney to review the records, and that would allow Melton’s attorney to review the documents
with Melton. However, the government is asking that the protective order prohibit Melton from
retaining a copy of the discovery materials, and that it prohibit Melton’s attorney from
distributing the discovery materials to anyone outside of his office without prior approval from
the Court.
WHEREFORE the United States prays for an Order authorizing counsel for the United
States to disclose material described above to opposing counsel, and requests that the Court also
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4:18-cr-03070-JMG-CRZ Doc # 21 Filed: 07/27/18 Page 3 of 3 - Page ID # 33
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2018, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system which sent notification of such filing to all registered
participants.
s/ Matthew R. Molsen
Assistant U.S. Attorney
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