No. 99-20849

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

SEALED APPELLANT 1,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas, Houston Division

Magistrate's No. H-99-607-M

FILED UNDER SEAL

MOTION OF SEALED APPELLANT 1 TO AUGMENT RECORD AND STRIKE MISSTATEMENTS IN APPELLEE'S RESPONSE BRIEF

ApolloMedia Corporation files this Motion To Augment Record And Strike Misstatements In Appellee's Response Brief.

ApolloMedia moves to augment the Record in this matter by including therein the November 2, 1999 letter of Assistant U.S. Attorney, J. Richard Berry, attached hereto as Exhibit A.

Consideration of this letter will help to clarify the record by correcting misstatements that the Government has made in its Response. The Government erroneously states that it made an offer to ApolloMedia's attorneys to allow ApolloMedia to publish a redacted version of the Magistrate's Order in the proceedings before the District Court. Assistant U.S. Attorney Berry's letter, written after the Government filed its Opposition to ApolloMedia's Motion To Stay And To Unseal The Record before the District Court, contradicts these statements and demonstrates that the Government made no such offer.

Accordingly, ApolloMedia moves that the Court strike the first three full sentences on page 7 and footnote 3 of the Government's Response brief.

Dated: January 18, 2000 Respectfully submitted,

Mark L.D. Wawro
SUSMAN GODFREY LLP

William Bennett Turner
ROGERS, JOSEPH, O'DONNELL & QUINN

Michael Traynor
Lori R.E. Ploeger
J. Timothy Nardell
COOLEY GODWARD LLP

By:_________________________________
Michael Traynor

ATTORNEYS FOR APOLLOMEDIA CORP.