UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7393
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DONIKKI HARDY,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-01-235)
Submitted: March 19, 2004 Decided: April 2, 2004
Before WILKINSON, LUTTIG, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Donikki Hardy, Appellant Pro Se. Isaac Louis Johnson, Jr., OFFICE
OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donikki Hardy appeals the district court’s denial of his
motion for disclosure of the “signed grand jury concurrence form.”
The decision whether to authorize disclosure of grand jury records
is within the discretion of the district court. In re Grand Jury
Proceedings, 800 F.2d 1293, 1299 (4th Cir. 1986). “Parties seeking
grand jury transcripts . . . must show that the material they seek
is needed to avoid a possible injustice in another judicial
proceeding, that the need for disclosure is greater than the need
for continued secrecy, and that their request is structured to
cover only material so needed.” Id. at 1298. Our review of the
record shows that the district court did not abuse its discretion
in denying Hardy’s motion, as Hardy failed to make a particularized
showing. Thus, we affirm. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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