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