United States v. Gates, No. 17-2494 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit dismissed defendant's appeal, holding that he waived his right in his plea agreement to request or receive records under the Freedom of Information Act (FOIA). Defendant had pleaded guilty to attempting to arrange, for the purpose of private financial gain, the travel of a person in interstate commerce in order to engage in a commercial sex act with a person under 18 years of age. The court also held that it lacked jurisdiction to hear defendant's challenge to his FOIA waiver because the claim was not ripe for review. In this case, defendant has not requested any records from the government under FOIA.
Court Description: Per Curiam - Before Gruender, Kelly and Grasz, Circuit Judges] Criminal case - Criminal law. In his plea agreement, defendant waived the right to make FOIA requests pertaining to the investigation or prosecution of his case; this challenge to the FOIA waiver must be dismissed for lack of jurisdiction as he has not requested any records from the government pursuant to FOIA and his claim is not ripe.
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