Is a probation report in possession of the probation department a government document?
MultiRegion, United States of America
The following excerpt is from United States v. Robertson, 634 F. Supp. 1020 (E.D. Cal. 1986):
But other circuits have addressed the problem. In United States v. Trevino, 556 F.2d 1265 (5th Cir.), rehearing en banc denied, 562 F.2d 1258 (1977), the court addressed the question of whether a presentence report in the possession of the probation department was in the possession of the "government" for purposes of Rule 16(a)(1)(C). While holding that it was not, that court concluded that "government" meant prosecution:
[634 F. Supp. 1025]
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