United States v. Under Seal

Although United States v. Sells, 463 U.S. 418, 103 S.Ct. 3133, 77 L.Ed.2d 743 *454(1983), and United States v. Baggot, 463 U.S. 476, 103 S.Ct. 3164, 77 L.Ed.2d 785 (1983), do not retroactively invalidate a pri- or disclosure order entered pursuant to Fed.R.Crim.P. 6(e), the government is not entitled to continued access to the grand jury materials after the Supreme Court’s decisions in Sells and Baggot without showing a particularized need for the material. See Thorpe v. Housing Authority, 393 U.S. 268, 281, 89 S.Ct. 518, 525, 21 L.Ed.2d 474 (1968) (an appellate court must apply the law in effect…