United States v. Brown, No. 16-00051, 2017 U.S. Dist. LEXIS 178988 (W.D.N.C. Oct. 28, 2017) (Reidinger, J.)

United States v. Brown, No. 16-00051, 2017 U.S. Dist. LEXIS 178988 (W.D.N.C. Oct. 28, 2017) (Reidinger, J.)

Re:  Request to court for disclosure of certain documents concerning defendant's criminal case

Disposition:  Denying plaintiff's motion

• Procedural Requirements, Proper FOIA Requests & Entities Subject to the FOIA:  The court holds that "[t]he Defendant's request is denied."  "The Defendant entered into a plea agreement in this case pursuant to which he agreed to waive 'all rights, whether asserted directly or by a representative, to request or to receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without limitation any records that may be sought under the Freedom of Information Act[.]'"  "This waiver thus precludes the pending motion."  "In any event, federal courts are expressly excluded from the definition of 'agency' for purposes of FOIA . . . disclosure requirements."