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IN RE HEARST NEWSPAPERS, L.L.C.

No. 10-40221.

641 F.3d 168 (2011)

HEARST NEWSPAPERS, L.L.C., doing business as Houston Chronicle, Intervenor Plaintiff-Appellant. United States of America, Plaintiff-Appellee, v. Oziel Cardenas-Guillen, Defendant-Appellee, v. Hearst Newspapers, L.L.C., doing business as Houston Chronicle, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised June 9, 2011.

Attorney(s) appearing for the Case

Toni L. Trevino (argued), Amy Howell Alaniz , Asst. U.S. Attys., McAllen, TX, James Lee Turner , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Jonathan R. Donnellan (argued), Ravi Viren Sitwala , Hearst Corp., New York City, NY, for Intervenor Plaintiff-Appellant.

Michael Wayne Ramsey and Chip Brandon Lewis , Law Office of Chip B. Lewis, Houston, TX, Crispin Quintanilla, III , Garcia, Quintanilla & Palacios, Roberto Jose Yzaguirre , Yzaguirre & Chapa, McAllen, TX, for Defendant-Appellee.

Before BARKSDALE, DENNIS and HAYNES, Circuit Judges.

DENNIS, Circuit Judge:

This case involves a district court's order to close the sentencing proceeding of a drug cartel leader without first giving the press and public notice and an opportunity to be heard regarding the decision to close the hearing. We conclude that the press and public have a First Amendment right of access to sentencing hearings, and that the district court should have given the press and public notice...

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