United States v. Wilson

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) v. ) Criminal No. 05-0100-02 (PLF) ) Civil Action No. 17-2044 (PLF) DAVID WILSON, ) ) Defendant. ) ____________________________________) ORDER For the reasons set forth in the Memorandum Opinion issued this same day, it is hereby ORDERED that the United States’ motion to confirm waiver of the attorney-client privilege [Dkt. No. 1669] is GRANTED; it is FURTHER ORDERED that defendant David Wilson’s former counsel – Jenifer Wicks, Gary Proctor, and Matthew Davies – are authorized to disclose to counsel for the United States information that is reasonably necessary to respond to Mr. Wilson’s specific allegations of ineffective assistance of counsel in this Section 2255 proceeding. This includes discussing their representation of Mr. Wilson in this matter, disclosing any relevant documents in their possession, providing an affidavit or declaration, and testifying at an evidentiary hearing, so long as the disclosures they make are reasonably necessary to respond to Mr. Wilson’s specific allegations of ineffective assistance of counsel in this proceeding; it is FURTHER ORDERED that the United States’ use of the documentary and/or testimonial evidence obtained from Mr. Wilson’s former counsel is limited to this Section 2255 proceeding and any appeal from this proceeding, except that the United States may use privileged information obtained in this proceeding if Mr. Wilson commits perjury, or attempts to obstruct, or obstructs justice, in this proceeding; and it is FURTHER ORDERED that the United States’ motion to compel production of documents [Dkt. No. 1670] is DENIED. SO ORDERED. ________________________ PAUL L. FRIEDMAN United States District Judge DATE: October 4, 2018 2