motion to allow gz to receive mail
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8/9/2019 Motion to Allow Gz to Receive Mail
http://slidepdf.com/reader/full/motion-to-allow-gz-to-receive-mail 1/23
L A W O
F F I C E O F
J O S H U A L . G O R D O N • C O N C O R D , N H • W W W . A P P E A L S L A W Y
E R . N E T
UNITED STATES
v.
CIRINO GONZALEZ
United States of America
First Circuit Court of Appeals
1st Cir. No. 2008-2300
MOTION TO ALLOW PRISONER RECEIPT OF CERTAIN MAIL
NOW COMES Cirino Gonzalez, by and through his attorney, Joshua L. Gordon, and
respectfully requests this honorable court to order the BOP to provide Mr. Gonzalez access to
certain mail.
As grounds it is stated:
1. While incarcerated, Mr. Gonzalez has been seeking access to certain documents. It is
Counsel’s understanding that Mr. Gonzalez believes the documents are necessary for two
reasons: to address an alleged mis-classification by BOP concerning the conditions of his
confinement, and to address the accuracy of information used by the lower court in arriving at his
sentence. It is unknown by Counsel in what forum or under what procedure Mr. Gonzalez plans
to use the documents, but Counsel believes Mr. Gonzalez may seek to address his concerns to
this Court.
2. The documents Mr. Gonzalez seeks are believed to be United States Marshall’s notes
of interviews conducted with two of Mr. Gonzalez’s co-defendants, which were provided to the
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L A W O
F F I C E O F
J O S H U A L . G O R D O N • C O N C O R D , N H • W W W . A P P E A L S L A W Y
E R . N E T
Motion to Allow Access to Mail
Page 2
defense during pre-trial discovery. Copies are attached. The documents are either public or in
the public domain, as Counsel was provided them via a URL web-address.
3. It is Counsel’s understanding that Mr. Gonzalez’s friends and family have repeatedly
attempted to provide the documents to him, but that the mail has been stopped at the prison door
by the Bureau of Prisons. The precise reason the documents have been rejected is unclear, but
Counsel believes it is due to security concerns. Although the documents contain numerous
references to guns, bombs, and explosives, such items were core to Mr. Gonzalez’s trial and the
BOP may thus be casting its mail-net too wide.
4. Mr. Gonzalez has requested that Counsel forward the documents under cover of
attorney-client privilege, which Counsel has indicated he will not do.
5. Counsel finds himself between an ethical Scylla and Charybdis. On the one hand,
Counsel is aware that the BOP has denied Mr. Gonzalez access to these particular documents,
and that scheming to get around the prohibition at the least violates BOP policy. On the other
hand, lawyers have a duty to provide clients their files. See e.g., Averill v. Cox, 761 A.2d 1083,
1092 (N.H. 2000) (“a client’s file belongs to the client, and upon request, an attorney must
provide the client with the file”). Moreover, prisoners have constitutional rights with regard to
receipt of mail, especially from their attorneys. See, e.g., Wolff v. McDonnell , 418 U.S. 539
(1974).
6. Even if Mr. Gonzalez cannot be given the documents outright at his place of
confinement, he must be accorded access to them, including sufficient time to review them,
thoroughly absorb the information they contain, and take notes therefrom. He must also be able
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L A W O
F F I C E O F
J O S H U A L . G O R D O N • C O N C O R D , N H • W W W . A P P E A L S L A W Y
E R . N E T
Motion to Allow Access to Mail
Page 3
to freely attach them to administrative or court pleadings, and be able to provide them to people
and agencies outside his place of confinement in connection with his allegations.
WHEREFORE, Cirino Gonzalez respectfully requests this honorable Court to order the
Bureau of Prisons to allow him to have appropriate access to the documents attached.
Respectfully submitted
for Cirino Gonzalez
by his attorney,
/s/
Dated: July 8, 2010
Joshua L. Gordon, Esq.
N.H. Bar. No. 9046
Law Office of Joshua Gordon
26 S. Main St., #175
Concord, NH 03301
603-226-4225
I hereby certify on this 8th day of July 2010, a copy of the foregoing is being forwarded to
the office of the United States Attorney.
/s/
Dated: July 8, 2010
Joshua L. Gordon, Esq.
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