Case 1:13-cr-00305-EGS Document 436 Filed 10/21/14 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
LAWRENCE PROCTOR,
Defendant.

:
:
:
:
:
:
:

Criminal No. 13-305-09 (EGS)

UNDER SEAL

MOTION TO SEAL THE GOVERNMENT=S UNOPPOSED MOTION TO

CONTINUE THE SENTENCING HEARING AND TO SCHEDULE A STATUS
HEARING, AND TO DELAY ENTRY ON THE PUBLIC DOCKET
The United States, by and through its attorney, the United States Attorney for the District
of Columbia, hereby respectfully submits this Motion to Seal the Government=s Unopposed
Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing and proposed Order,
the instant Motion to Seal and proposed Order, and to Delay Entry on the Public Docket of the
Filing of these documents. In support of this motion, the government states as follows:
The defendant is pending sentencing.
December 17, 2014.

The sentencing hearing is scheduled for

On October 1, 2014, the government was informed by the Federal Bureau

of Investigation (FBI) that one of the special agents involved in the investigation of the
above-captioned matter may have been involved in tampering with some of the firearms,
narcotics, and other items of evidence seized during this investigation. The FBI is in the process
of investigating the alleged misconduct. As a result, public disclosure of the Motion to Continue
the Sentencing Hearing and to Schedule a Status Hearing, this motion to seal, and any orders and
other pleadings related to these motions will compromise the integrity of the ongoing investigation
into the alleged misconduct by the agent. Accordingly, pursuant to Washington Post v. Robinson,
935 F.2d 282, 289, n.10 (D.C. Cir. 1991), the government moves to seal the Governments
Unopposed Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing, the

Case 1:13-cr-00305-EGS Document 436 Filed 10/21/14 Page 2 of 2

proposed Order, any orders on that motion, this Motion to Seal and proposed Order, and also
delaying the public docketing of the filing of any these documents.
WHEREFORE, it is respectfully requested that this Motion to Seal be granted.
Respectfully submitted,
RONALD C. MACHEN JR.
UNITED STATES ATTORNEY
Bar No. 447-889
By:

/s/
KARLA-DEE CLARK
D.C. Bar No. 435-782
Assistant United States Attorney
Violent Crime and Narcotics Trafficking Section
555 4th Street, NW, 4th Floor
Washington, D.C. 20530
(202) 252-7740
Karla-Dee.Clark@usdoj.gov

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing pleading was served upon counsel for
the defendant Nathan Silver, Esq., via electronic mail to nisquire@aol.com, this 21st day of
October 2014.
/s/
Karla-Dee Clark
Assistant United States Attorney

Case 1:13-cr-00305-EGS Document 436-1 Filed 10/21/14 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
LAWRENCE PROCTOR,
Defendant.

:
:
:
:
:
:
:

Criminal No. 13-305-09 (EGS)

UNDER SEAL

ORDER
Upon consideration of the Governments Motion to Seal the Government=s Unopposed
Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing, and to Delay
Entry on the Public Docket, and for good cause shown, it is hereby:
ORDERED that the Governments Motion to Seal the Government=s Unopposed Motion
to Continue the Sentencing Hearing and to Schedule a Status Hearing, and proposed order filed
on October 21, 2014, and the Order granting the Governments Unopposed Motion to Continue
the Sentencing Hearing and to Schedule a Status Hearing, and any related pleadings is hereby
GRANTED; and it is
FURTHER ORDERED that the Clerk of the Court is to delay entry on the public docket
of the filing of the Governments Motion to Seal the Governments Unopposed Motion to
Continue the Sentencing Hearing and to Schedule a Status Hearing, and proposed order, the
Government=s Motion to Seal and proposed order, and this Order until further order of the Court.
SIGNED this ____ day of October, 2014
_______________________________
EMMET G. SULLIVAN, District Judge
United States District Court
For the District of Columbia

Case 1:13-cr-00305-EGS Document 436-2 Filed 10/21/14 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
LAWRENCE PROCTOR,
Defendant.

:
:
:
:
:
:
:

Criminal No. 13-305-09 (EGS)

UNDER SEAL

GOVERNMENT'S UNOPPOSED MOTION TO CONTINUE THE

SENTENCING HEARING AND TO SCHEDULE A STATUS HEARING
The United States, by and through its attorney, the United States Attorney for the District
of Columbia, submits this Motion to Continue the Sentencing Hearing and to Schedule a Status
Hearing in this case. In support of this motion, the government states as follows:
1.

On August 6, 2014, the defendant, Lawrence Proctor, pled guilty before

Magistrate Judge Kay to one count of Conspiracy to Distribute and Possess with the Intent to
Distribute a Detectable Amount of Heroin, in violation of 21 U.S.C. 846, 841(a)(1) and 841
(b)(1)(C). A sentencing hearing is scheduled for December 17, 2014. As a result of newly
discovered information which may materially affect the ultimate disposition of this matter, the
government moves to continue the sentencing hearing and to stay the filing of sentencing
motions and memoranda. Counsel for the defendant, Nathan Silver, has been contacted by
undersigned counsel and does not oppose this motion.
2.

On or about October 1, 2014, the United States Attorneys Office was informed

by the Federal Bureau of Investigation (hereinafter FBI), Washington Field Office, that one of
the special agents involved in the investigation of the above-captioned matter may have been
involved in tampering with some of the firearms, narcotics, and other items of evidence seized
during this investigation.

At this time, we understand that the alleged agent misconduct with

1

Case 1:13-cr-00305-EGS Document 436-2 Filed 10/21/14 Page 2 of 3

respect to this investigation may be limited to the execution of search warrants on November 20,
2013, at a residence of a co-defendant in Deale, Maryland, and a vehicle associated with that
co-defendant.

The involved FBI special agent has been suspended. The special agent is now

under investigation.

Because the investigation of the special agents alleged misconduct is in

its early stages, the government does not yet have sufficient information in order to determine
what impact, if any, the alleged misconduct will have on the defendants case. Accordingly, the
government requests that the sentencing hearing be continued and the filing of sentencing
motions and memoranda be stayed to permit the defendant to review the governments disclosure
of newly discovered information.

A stay of the filing of all sentencing motions and memoranda

also will allow the government to further assess this newly discovered information and inform
the Court and defense counsel what course the government intends to pursue in this case.
3.

The government also respectfully requests that a mutually convenient status

hearing be scheduled in approximately 30 days. The parties are available for a status hearing
the afternoon of November 14, 2014.

Mr. Silver is out of the office from November 1-13,

2014, and due to previously scheduled medical procedures will be unavailable November 17,
2014, through mid-December 2014.
4.

By separate motion filed simultaneously with the instant motion, the government

also moves that this motion and any orders or pleadings related thereto, be ordered to remain
sealed because of the risk that public disclosure of these pleadings will compromise the integrity
of the ongoing investigation into the alleged misconduct by the special agent.

Case 1:13-cr-00305-EGS Document 436-2 Filed 10/21/14 Page 3 of 3

WHEREFORE, for the reasons stated above, the United States respectfully requests that
its Unopposed Motion to Continue the Sentencing Hearing and to Schedule a Status Hearing be
granted.
Respectfully submitted,
RONALD C. MACHEN JR.
UNITED STATES ATTORNEY
D.C. Bar No. 447-889
By:
/s/
Karla-Dee Clark, D.C. Bar No. 435-782
Todd Gee
Zia Faruqui
Assistant United States Attorneys
555 4th Street, NW, 4th Floor
Washington, DC 20530
(202) 252-7740 (Clark)
(202) 252-7224 (Gee)
(202) 252-7117 (Faruqui)
Karla-Dee.Clark@usdoj.gov
Anthony.Scarpelli@usdoj.gov
Zia.Faruqui@usdoj.gov

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing pleading was served upon counsel for
the defendant Nathan Silver, Esq., via electronic mail to nisquire@aol.com, this 21st day of
October 2014.

/s/
Karla-Dee Clark
Assistant United States Attorney

Case 1:13-cr-00305-EGS Document 436-3 Filed 10/21/14 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.
LAWRENCE PROCTOR,
Defendant.

:
Criminal No. 13-305-09 (EGS)
:
:
UNDER SEAL
:
:
:
:
ORDER

Upon consideration of the Governments Unopposed Motion to Continue the Sentencing

Hearing and to Schedule a Status Hearing, and good cause having been shown, it is hereby,
ORDERED that the Motion to Continue the Sentencing Hearing and to Schedule a Status
Hearing is GRANTED; and it is
FURTHER ORDERED that the filing of all sentencing memoranda and any pleadings
related to sentencing in this case is hereby stayed; and it is
FURTHER ORDERED that the sentencing hearing date of December 17, 2014, is hereby
vacated, and it is
FURTHER ORDERED that a status hearing is scheduled for November ____, at _____
a.m./p.m.

________________________
Date

_________________________________
EMMET G. SULLIVAN, District Judge
United States District Court
For the District of Columbia