SEALED 3CUMENT

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

IN THE MATTER OF THE APPLICATION

OF THE UNITED STATES OF AMERICA

FOR AN ORDER, PURSUANT TO

18 U .S .C . 2703 ( d), COMMANDING THE

PRODUCTION OF RECORDS

PERTAINING TO WIRELESS TELEPHONE

NUMBER ( 978) 996-7979

ORDER

This matter came before the Court pursuant to an Application

under Title 18, United States Code, Section 2703(c), 2703(d) and

2705(b), by Thomas P . Colantuono, the United States Attorney for

the District of New Hampshire, and Robert M . Kinsella, an Assistant

U .S . Attorney ("the government"), requesting the Court to issue an

Order :

(a) Directing T-Mobile, a provider of electronic

communication service within the meaning of 18 U .S .C . §

2510(15), to produce to the government certain subscriber

information and transactional records related to

cellular/wireless telephone number (978) 996-7979, for

the time period May 18, 2005 to November 7, 2005 ;

(b) Pursuant to 18 U .S .C . § 2705(b), directing TMobile and all of its employees and agents not to

disclose to the subscriber (or any other unauthorized

person) the criminal investigation referred to herein,

the existence of the government's Application and this

Order, and the fact that T-Mobile has provided

information related to cellular telephone number (978(

996-7979 to the government ; and

(c) Sealing this Application and the requested

Order, at Level 2 .

The Court finds that the government has offered specific and

articulable facts to demonstrate that there are reasonable grounds

to believe that the records sought are relevant and material to a

Case 1:05-mc-00038-JM Document 3 Filed 11/09/05 Page 1 of 4
criminal investigation that is being conducted by the New Hampshire

State Police to determine whether a person whose true identity is

not known to the government -- who is referred to in the

government's Application as "SANTIAGO " -- has committed a violation

of Title 18, United States Code, Section 1073 (unlawful flight to

avoid prosecution), and that the requested information is relevant

to that investigation .

The Court also finds that the criminal investigation of

SANTIAGO will be jeopardized if the government's Application, this

Order and/or the fact that the requested information has been

disclosed to the government is revealed to any unauthorized person .

ACCORDINGLY , IT IS ORDERED , pursuant to 18 U .S .C . § 2703(d)

and 2705(b), that T-Mobile shall provide the following

transactional records pertaining to cellular/wireless telephone

number (978) 996-7979, for the period from May 18, 2005 to November

7, 2005, to the government, forthwith :

a . Historical cell site activation,

b . Numbers dialed ,

c . Incoming numbers if identified, without

geographic limitations ,

d . Call durations ,

e . Signaling information ,

f . A listing of all control channels and their

corresponding cell-sites ,

9 . Subscriber, Electronic Serial Number ("ESN" )

Page 2 of 4

Case 1:05-mc-00038-JM Document 3 Filed 11/09/05 Page 2 of 4
and billing information for the specified

cellular/wireless telephone ,

h . An engineering map, showing all cell-site

tower locations, sectors, and orientations,

and

I . Subscriber, ESN, and billing information for

any other cellular/wireless telephones on the

same account as cellular/wireless telephone

number (978) 996-7979 or that may be

identified from these records ;

IT IS FURTHER ORDERED that if the cellular/wireless Mobile

Identification Number ("MIN")/ESN or combination was changed by the

subscriber during the period May 18, 2005 to November 7, 2005, the

Court's Order will apply to any new MIN/ESN ;

IT IS FURTHER ORDERED , pursuant to 18 U .S .C . § 2703(d), that

T-Mobile shall provide to the government all subscriber

information, including the names, addresses, credit and billing

information of the subscriber(s) to telephone number (978) 996-

7979, for the time period May 18, 2005 to November 7, 2005 ;

IT IS FURTHER ORDERED that T-Mobile and its agents and

employees shall not disclose to the subscriber (or any other

unauthorized person) that the government is conducting a criminal

investigation of SANTIAGO , the existence of the government's

Application, the existence of this Order, or the fact that

information related to cellular telephone number (978) 996-7979 has

been provided to the government, unless or until otherwise ordered

by the Court ; and

Page 3 of 4

Case 1:05-mc-00038-JM Document 3 Filed 11/09/05 Page 3 of 4
IT IS FURTHER ORDERED that the government's Application and

this Order shall be filed sealed, at level 2, until otherwise

ordered by the Court .

November j, 2005

S R . MUIRREAD

States Magistrate Judg e

Page 4 of 4

Case 1:05-mc-00038-JM Document 3 Filed 11/09/05 Page 4 of 4