Commercial Litigation and Arbitration

Website Evidence — Because Information on Government Websites Is Self-Authenticating, Court May Take Judicial Notice of It


Newton v. Holland, 2014 U.S. Dist. LEXIS 10625 (E.D. Ky. Jan. 29, 2014):

On March 17, 1994, Newton was indicted in the Eastern District of California on two counts of carjacking in violation of 18 U.S.C. § 2119(1), (2); two counts of using a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924(c); and one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Following a jury trial, Newton was convicted on all counts on June 7, 1994. On September 26, 1994, Newton was sentenced to a 165-month term of incarceration on each of the carjacking counts and on the felon-in-possession count, with all three terms to run concurrently with one another. Newton was also sentenced to a 60-month term of incarceration on the first § 924(c) count, and to a 240-month term of incarceration on the second § 924(c) count, with each of those terms running consecutively to one another and consecutively to the three other counts, for a total term of 465 months incarceration. United States v. Newton, No. 1: 94-CR-5036-LJO-1 (E.D. Cal. 1994).1

1   Because records and information located on government websites are self-authenticating under Fed. R. Evid. 902, the Court may take judicial notice of them. Cf. Williams v. Long, 585 F. Supp. 2d 679, 689 (D. Md. 2008); Rudisill v. Drew, No. 4:10-761-CMC-TER, 2010 WL 3222194, at *1 n.2 (D.S.C. July 21, 2010); In re Katrina Canal Breaches Consol. Lit., No. 05-4182, 2008 WL 4185869, at *2 (E.D. La. Sept. 8, 2008).

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