United States of America, Plaintiff-appellee, v. Richard R. Harris, Defendant-appellant, 954 F.2d 727 (9th Cir. 1992)Annotate this Case
Before TANG, KOZINSKI and TROTT, Circuit Judges.
We review a district court's decision to deny disclosure of grand jury material pursuant to Fed. R. Crim. P. 6(e) for abuse of discretion. See United States v. Fischbach & Moore, Inc., 776 F.2d 839, 842 (9th Cir. 1985).
To obtain disclosure of the grand jury material, Harris was required to demonstrate that (1) the material is needed to avoid a possible injustice in another proceeding; (2) the need for disclosure is greater than the need for continued secrecy; and (3) he requests only the materials needed. Id. at 843. Instead, however, Harris "supported his request for production of grand jury records on nothing but baseless speculation," United States v. DeTar, 832 F.2d 1110, 1113 (9th Cir. 1987), and failed to tailor his request to cover only needed materials; Harris, in short, "was simply on a fishing expedition." United States v. Ferreboeuf, 632 F.2d 832, 835 (9th Cir. 1980), cert. denied, 450 U.S. 934 (1981). Accordingly, the district court did not abuse its discretion in denying the request for disclosure.