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United States v. Okeayainneh

United States District Court, D. Minnesota

April 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
1 JULIAN OKEAYAINNEH, Defendant.

          Defendant Julian Okeayainneh, pro se.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Court

         I. INTRODUCTION

         This matter is before the Court on Defendant Julian Okeayainneh's Pro Se Renewed Revised Motion for the Production of Full Unredacted Chronological Disclosure of the Grand Jury Transcript Record, Appointment of Counsel and Request for Oral Hearing. [Docket No. 1206]

         II. BACKGROUND

         On December 20, 2010, the Government filed a Complaint against Defendant Julian Okeayainneh asserting conspiracy, bank fraud, and identity theft. [Docket No. 1] On February 22, 2011, a Preliminary Examination and Detention Hearing was held. [Docket No. 15] On March 8, 2011, the grand jury returned a multicount indictment against Defendant, charging him with, among other things, bank fraud, mail fraud, wire fraud, and identity theft. [Docket No. 34]

         On August 21, 2011, through counsel, Defendant requested production of the grand jury transcripts, and in particular, of the transcript of the testimony of Special Agent Randall Flint on the grounds that he had knowingly presented false testimony before the grand jury and during the Preliminary Hearing and Detention Hearing on February 22, 2011. [Docket No. 447] Defendant also moved to dismiss the indictment. [Docket No. 445] The Court denied Defendant's motions. [Docket Nos. 480, 511] The Court noted that the Government represented that Special Agent Flint did not testify before the grand jury and, even if he had given testimony before the grand jury that was identical to the testimony he had provided to the Court during the February 22, 2011, hearing, there was no basis to dismiss the indictment.

         On February 28, 2012, a jury found Defendant guilty of counts in the Third Superseding Indictment of conspiracy to commit bank fraud, bank fraud, mail fraud, wire fraud, aggravated identity theft, conspiracy to commit money laundering, and trafficking in false authentication features. [Docket No. 625]

         Defendant appealed both his conviction and his sentence. The Eighth Circuit affirmed his conviction and remanded for resentencing based on the application of the obstruction of justice enhancement. [Docket No. 1046] The Court resentenced Defendant on December 22, 2015. [Docket Nos. 1155, 1158] Defendant appealed his resentencing. The Eighth Circuit Court of Appeals affirmed, and the United States Supreme Court denied Defendant's petition for writ of certiorari and petition for rehearing. [Docket Nos. 1192, 1193, 1199, 1202, 1208]

         On March 17, 2017, Defendant filed the current Pro Se Renewed Revised Motion for the Production of Full Unredacted Chronological Disclosure of the Grand Jury Transcript Record, Appointment of Counsel and Request for Oral Hearing. [Docket No. 1206] Defendant asserts that the grand jury records are necessary to show that his due process rights were violated when the Court previously refused to release the grand jury transcript in order to allow Defendant to cross examine Special Agents Flint and James Shoup on statements made in the Preliminary Hearing and Detention Hearing on February 22, 2011.

         Also on March 17, 2017, Defendant filed a Petition for Writ of Mandamus with the Eighth Circuit Court of Appeals, requesting that the appellate court direct this Court to order production of the full unredacted grand jury transcript. See In re: Okeayainneh, 17-1601 (8th Cir. Mar. 21, 2017). The Eighth Circuit denied Defendant's petition on March 23, 2017. [Docket Nos. 1209-10]

         III. DISCUSSION

         A. Request for Grand Jury Transcript

         Grand jury proceedings are secret. Fed. R. Crim. P. 6(e)(2). “The court may authorize disclosure . . . of a grand-jury matter . . . at the request of a defendant who shows that a ground may exist to dismiss the indictment because of a matter that ...


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