Miles Guo Court Documents · Doc 875

摘要

Letter Motion · Appellate Counsel Seeks Release of Sealed Transcript Pages for the Appeal (with Exhibit A, Second Circuit Transcript Order)

A 2-page letter from Benjamin Gruenstein (Gruenstein Law PLLC) to Judge Analisa Torres, dated and filed November 4, 2026 as ECF No. 875, together with its 3-page Exhibit A (ECF No. 875-1): the Second Circuit "Criminal Appeal Transcript Information – Form B" and attachment letter that counsel filed in the appeal, United States v. Guo, No. 26-1853, on October 9, 2026. This record combines both PDFs.
### The letter (ECF No. 875)
Counsel states that he was recently appointed by the Court of Appeals under the Criminal Justice Act to represent Miles Guo on appeal and has ordered transcripts from Southern District Reporters, P.C. ("SDR") using the Second Circuit's order form. Because parts of the order concern sealed portions of the record and he was not Mr. Guo's attorney at the time, SDR advised that it needs the Court's authorization before releasing unredacted copies. The portions are:
- Trial, May 28, 2024 (ECF No. 403): Tr. 343–344;
- Trial, June 25, 2024 (ECF No. 439): Tr. 4069–4072, the sealed sidebar noted at Tr. 4161 ("Page 4162 SEALED"), and Tr. 4223–4227;
- Conference, December 20, 2024 (ECF No. 695): the ex parte pages, Tr. 6–19, of which a redacted version is filed at ECF No. 700-1;
- Sentencing, June 29, 2026 (ECF No. 864): Tr. 3–30.
He asks permission to receive these pages. If granted, the transcripts would otherwise remain sealed, and the December 20, 2024 ex parte portion would not be provided to the Government. The letter is copied to Government counsel by ECF.
### Exhibit A (ECF No. 875-1) · Form B and attachment of October 9, 2026
The Form B identifies counsel as CJA-appointed (appointed September 25, 2026, appellate Dkt. 18) and orders transcripts of pre-trial, trial, sentencing and post-trial proceedings, with payment by CJA Form 24. The attachment letter to the Clerk of the Second Circuit, Catherine O'Hagan Wolfe, explains that prior counsel's Form B of August 5, 2026 (Dkt. 15) ordered no transcripts so that new counsel could determine what was missing. After comparing the district-court docket with the transcripts filed there, counsel orders the following, none of which appears among the filed transcripts:
- Pre-trial: the January 9, 2024 arraignment on the S2 superseding indictment before Magistrate Judge Robyn F. Tarnofsky (the docket shows only a minute entry, ECF 225);
- Jury selection: the voir dire of May 22–24, 2024. The transcript at ECF 399 (Tr. 1–5) ends as selection began on May 22; the rest of that day, all of May 23 and any May 24 voir dire not in ECF 401 were never filed;
- Sealed and redacted trial pages: Tr. 51–52 (May 24, 2024, ECF 401, lines redacted); Tr. 343–344 (May 28, 2024, ECF 403, sealed sidebar); Tr. 4069–4072, 4162 and 4223–4227 (June 25, 2024, ECF 439, sealed by court order);
- Trial pages missing from the filed transcripts: Tr. 1852, 4758 and 5552 (June 7, June 27 and July 8, 2024; ECF 417, 443, 448). If these page numbers were simply skipped, counsel asks the reporter to confirm;
- Sentencing: the sealed portion of the June 29, 2026 sentencing, Tr. 3–30, omitted from ECF 864;
- Post-trial conferences: the sealed portions of the December 20, 2024 conference (ECF 695 at 6–19) and the March 3, 2025 conference (ECF 497 at 6–7).
Counsel adds that he will promptly seek a district-court order if the reporter requires one before releasing sealed or redacted pages or the voir dire of the anonymous jury (ECF 306). He notes that the May 21, 2024 minute entry reflects a hearing under Section 6(a) of the Classified Information Procedures Act with a court reporter present and no transcript filed; he will seek that transcript, and any transcript of other classified proceedings, through the Classified Information Security Officer, outside this order. No other transcripts are ordered, as the remaining proceedings are already on file. The letter is copied to five Assistant U.S. Attorneys and to the court reporter.