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4:18-cr-03070-JMG-CRZ Doc # 21 Filed: 07/27/18 Page 1 of 3 - Page ID # 31

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

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

motion, the United States shows the Court as follows:

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

also tax return information pertaining to Melton’s customers.


4:18-cr-03070-JMG-CRZ Doc # 21 Filed: 07/27/18 Page 2 of 3 - Page ID # 32

4. Melton’s attorney will need to review the above mentioned discovery in order to

perform his duties.

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

enter a protective order.

UNITED STATES OF AMERICA, Plaintiff

By: s/ Matthew R. Molsen


MATTHEW R. MOLSEN, #22693
Assistant U.S. Attorney
487 Federal Building
100 Centennial Mall North
Lincoln, NE 68508
Tel: (402) 437-5241
Fax: (402) 437-5390
E-mail: matthew.molsen@usdoj.gov

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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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