USA v. Etienne et al

[PROPOSED] ORDER 1
17-CR-00093-CRB-5
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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
JEFF MITCHELL (CABN 236225)
Chief, Criminal Division
CASEY BOOME (NYBN 5101845)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7200
Casey.Boome@usdoj.gov
Attorneys for United States of America
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
BURTE GUCCI RHODES,
Defendant.
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CASE NO. 17-CR-00093-CRB-5
[PROPOSED] ORDER
Upon a showing of good cause, the Court finds that by his motion to vacate, set aside, or correct
sentence by a person in federal custody under 28 U.S.C. § 2255 (hereafter, “the Motion”), (dkt. 994), the
defendant raises an ineffective assistance of counsel claim, specifically that his trial counsel was deficient
by (1) providing ineffective assistance during plea discussions, and (2) failing to investigate exculpatory
evidence and to ensure that the defendant was aware of his right to testify. See Mot. The Court therefore
ORDERS that a response from the government to the Motion is stayed until further order of the Court.
The Court finds that if the defendant chooses to proceed with the claims raised in his Motion, he
has waived the attorney-client privilege in limited part, specifically as to the claims raised in that Motion.
Therefore, the Court ORDERS that the defendant respond within thirty days whether he will withdraw the
claim raised in his Motion.
Case 3:17-cr-00093-CRB Document 1000 Filed 10/08/26 Page 1 of 2

[PROPOSED] ORDER 2
17-CR-00093-CRB-5
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The Court further finds that upon a response from the defendant, if the defendant chooses to
proceed with his Motion or fails to respond within the time set by the Court, it will enter a further Order
(1) that the defendant has waived the attorney-client privilege in limited part, specifically as to the claims
raised in the Motion; (2) that the government is entitled to inquire of Hon. Kenneth Wine regarding any
communications with the defendant and to review any written communications with the defendant relating
to the subject areas raised in the defendant’s claims; and (3) that the government is precluded from using
those materials for any purpose other than litigating the defendant’s Motion, and that the government may
not disclose the materials to any other persons, excluding other representatives of the United States
Attorney’s Office or law enforcement agents who are assisting in responding to the Motion; and (4) setting
a further briefing schedule for the government to file a substantive response to the Motion.
IT IS SO ORDERED.
Dated: ___________________ ___________________
HON. CHARLES R. BREYER
United States District Judge
October 8, 2026
Case 3:17-cr-00093-CRB Document 1000 Filed 10/08/26 Page 2 of 2