United States v. Kearse

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7704
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MAURICE JAMES KEARSE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Dennis W. Shedd, District Judge.
(CR-98-954)
Submitted: February 14, 2002 Decided: February 22, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Maurice James Kearse, Appellant Pro Se. Nancy Chastain Wicker,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Maurice James Kearse appeals the district court’s order deny-
ing his motion for the provision of partial grand jury proceeding
transcripts under Fed. R. Crim. P. 6(e) and the Freedom of Informa-
tion Act, 5 U.S.C.A. § 552 (West 1996 & Supp. 2001) (“FOIA”). Our
review is for abuse of discretion. In re Grand Jury Proceedings,
800 F.2d 1293, 1299 (1986). Kearse failed to demonstrate a partic-
ularized need for his grand jury transcripts justifying disclosure
under Fed. R. Crim. P. Rule 6(e). Douglas Oil Co. v. Petrol Stops
Northwest, 441 U.S. 211, 218 (1979). Additionally, grand jury
information is exempt from FOIA disclosure. United States v.
Miramontez, 995 F.2d 56, 59 n.3 (5th Cir. 1993). Accordingly, the
district court did not abuse its discretion in denying Kearse’s
motion. United States v. Kearse, No. CR-98-954 (D.S.C. Sept. 17,
2001). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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