USA V. MICHAEL SPITZAUER, No. 16-30095 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-30095 D.C. No. 2:13-cr-06071-SMJ-1 v. MICHAEL PETER SPITZAUER, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Washington Salvador Mendoza, Jr., District Judge, Presiding Argued and Submitted May 12, 2017 Seattle, Washington Before: McKEOWN, BEA, and N.R. SMITH, Circuit Judges. Pursuant to the motion of the United States, the district court permitted disclosure of pre-existing business records subpoenaed by the grand jury in criminal proceedings against Michael Spitzauer. We have jurisdiction over Spitzauer’s appeal under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Where (1) grand jury proceedings have concluded and an indictment has issued; (2) the disclosure is sought for a legitimate purpose; and (3) the requested disclosure is for preexisting business records generated for a purpose other than the grand jury investigation, the disclosure of the requested records does not compromise the integrity of the grand jury process and does not amount to a disclosure of matters occurring before the grand jury. See United States v. Dynavac, Inc., 6 F.3d 1407, 1411–12 (9th Cir. 1993). The facts of this case fall squarely within Dynavac’s holding and do not present “a rare and unusual case,” where learning which documents the grand jury subpoenaed would disclose information about its deliberative process. See id. at 1412 n.2. AFFIRMED. 2
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