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U.S. v. HALLER

No. 313, Docket 87-1284.

837 F.2d 84 (1988)

UNITED STATES of America, Appellee, v. Louis HALLER, Defendant, The Ithaca Journal, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

William S. Brandt, Rochester, N.Y. (Andrew C. Rose, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., of counsel), for intervenor-appellant.

Michael A. Battle, Asst. U.S. Atty., W.D.N.Y., Buffalo, N.Y. (Roger P. Williams, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for appellee.

Before WINTER and MAHONEY, Circuit Judges, and STEWART, District Judge.

WINTER, Circuit Judge:

The Ithaca Journal appeals from two orders entered by Judge Telesca sealing a plea agreement. The first order denied the Journal access to the entire plea agreement, while the second denied access only to a paragraph of that agreement. We vacate the first order because it did not comply with the procedural and substantive requirements of the first amendment, and affirm the second order because the redacted portion of the agreement...

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