USA v. Little Swallow et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:18-cr-00124-DMT Document 84 Filed 03/18/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA

WESTERN DISTRICT
United States of America,
Plaintiffs SUPPLEMENT TO STIPULATED
, DISCOVERY ORDER AND
v8. PROTECTIVE ORDER
Newlyn S. Little Swallow, Case No.: 1:18-cr-00124
Defendant.

IT IS HEREBY AGREED AND UNDERSTOOD by and between the
United States and the defendant Newlyn S Little Swallow, by the defendant’s
undersigned counsel, to the following modification to the Stipulated Discovery
Oder and Protective Order filed with the Court ordered on 3/13/2019:

1, Jeff A. Bredahl is the attorney retained to represent the defendant.
Mr. Bredahl agrees that all discovery documents provided to him by the United

States will be kept in his and his law firm’s sole possession, which will not be

released to other persons outside of their presence, and will not be copied or
disseminated to others who are not employees of Mr. Bredahl’s law firm, except
as noted herein. Copies of the discovery material may be provided to the Chief of
Security or Administrator of the local detention facility (“the facility”) where the
defendant is being held in custody for review by the defendant in an area within
the facility designated by the Chief of Security or Administrator. No copies of

these materials may be otherwise provided to the defendant or to any other person

Case 1:18-cr-00124-DMT Document 84 Filed 03/18/19 Page 2 of 3

without the written permission of the United States Attorney’s Office. In no event
may the defendant be permitted to have copies of, or review these materials,
within any other area of the facility, specifically including the defendant’s cell and
cell block. Once the defendant has completed the review of the discovery
material, all discovery material must be immediately returned to the Chief of
Security, Administrator or their designee, who shall keep the discovery material in
a secured location within the facility or elsewhere that is not accessible to the
inmates of the facility. Mr. Bredahl further agrees that before proving copies of
any discovery materials to the Chief of Security or Administrator, he will provide:
(a) the Chief of Security or Administrator with a copy of this Supplement to the
Stipulated Discovery Order and Protective Order, (b) the Stipulated Discovery
Order and Protective Order, (c) obtain the Chief of Security or Administrator’s
written consent to the procedures listed herein; and (d) provide a copy of such
written consent to the above-identified United States Attorney.

2. Upon the defendant’s release from the facility, or at the conclusion
of Mr. Bredahl’s representation of the defendant, whichever occurs first, Mr.
Bredahl agrees that he will immediately obtain all discovery material he or his law
firm has provided to the Chief of Security or Administrator of the facility, and he
will notify the above listed United States Attorney in writing or via e-mail that all
discovery material has been returned to him.

3. The parties agree to jointly request that the Court enter a Protective
Order consistent with this agreement pursuant to Fed. R. Crim. P. 16(d)(1).

2

Case 1:18-cr-00124-DMT Document 84 Filed 03/18/19 Page 3 of 3

IT IS SO ORDERED.

Dated: 3/18/2019

/s/ Charles S. Miller, Jr.

Charles S. Miller, Jr.
Magistrate Judge
United States District Court

Dated: 3 —/3—/77

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ALAS for Newlyn Little Swallow

Dated: | \4 | 2 \Q_

Cus BCR.

Rick L, Volk
Assistant United States Attorney