Richard S. Berry v. Department of Justice

NELSON, Circuit Judge:

While awaiting a parole hearing, appellant Richard S. Berry sought copies of his presentence investigation report and Report on Sentenced Offender from the United States Parole Commission. When his request was denied, Berry filed this action pursuant to the Freedom of Information Act (FOIA). The district court dismissed Berry’s suit on the ground that the reports are court documents and thus exempt from disclosure under the FOIA. Berry appealed. Because presentence investigation reports and Reports on Sentenced Offenders are agency records when they are in the possession…