Valencia-Lucena V. United States Coast Guard

Rogers, Circuit Judge: Carlos Valencia-Lucena appeals from the grant of summary judgment to the Coast Guard in his lawsuit under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 et seq., seeking pages from the logbook of a Coast Guard cutter that seized containers of drugs dropped offshore from an airplane that he piloted. According to Valencia-Lucena's FOIA request, the Captain of the Coast Guard cutter brought the logbook to Valencia-Lucena's criminal trial and referred to pages of the logbook in testifying to the amount of drugs. In response to his first FOIA request for the logbook pages, the Coast Guard disclosed pages from another logbook. In a second FOIA request, Valencia-Lucena attached exemplars of the pages from the logbook that he was requesting. The Coast Guard responded that there were no other responsive documents. Because the record fails to show that the Coast Guard conducted an adequate search, we reverse.