{
  "document_metadata": {
    "page_number": "8",
    "document_number": "384",
    "date": "10/29/21",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 384 Filed 10/29/21 Page 8 of 12\n\nIV. Preclusion of the Purported Statements is the Only Appropriate Remedy\n\nFed. R. Crim. P. 16(d)(2)(C) provides that if a party fails to comply with the Court's orders regulating discovery the Court may prohibit that party from introducing the undisclosed evidence as a sanction.\n\nA district court's decision to impose a Rule 16(d)(2) sanction for the violation of a discovery order, and thus its choice of sanction, is a matter committed to the Court's sound discretion. In exercising its discretion, the district court must weigh several factors, including the reasons for the government's delay in affording the required discovery, the extent of prejudice, if any, the defendant has suffered because of the delay, and the feasibility of curing such prejudice by granting a continuance. United States v. Wicker, 848 F.2d 1059, 1060 (10th Cir. 1988).\n\nThe Supreme Court's decision in Taylor v. Illinois, 484 U.S. 400 (1988) is instructive. Taylor involved the exclusion of a witness of whom the defense had known but failed to disclose. The defendant challenged the trial court's exclusion of the witness as a sanction for the discovery violation, alleging that it violated his right to present witnesses under the Sixth Amendment's compulsory process clause. In determining whether a preclusion sanction is appropriate, the Court mandated that a trial court exercise its discretion by balancing a defendant's fundamental right \"to offer the testimony of witnesses in his favor\" against countervailing public interests. Id. at 414. These interests include \"[t]he integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable evidence, the interest in the fair and efficient administration of justice, and the potential prejudice to the truth-determining function of the trial process.\" Id. at 414–15. The trial court may also consider the willfulness of the violation, the simplicity of compliance with the discovery obligation, and whether some unfair tactical advantage has been sought. See id. at 415–17. Considering these factors, the Court upheld the exclusion of the defendant's witness.\n\n5\n\nDOJ-OGR-00005602",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 384 Filed 10/29/21 Page 8 of 12",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "IV. Preclusion of the Purported Statements is the Only Appropriate Remedy",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Fed. R. Crim. P. 16(d)(2)(C) provides that if a party fails to comply with the Court's orders regulating discovery the Court may prohibit that party from introducing the undisclosed evidence as a sanction.",
      "position": "body"
    },
    {
      "type": "printed",
      "content": "A district court's decision to impose a Rule 16(d)(2) sanction for the violation of a discovery order, and thus its choice of sanction, is a matter committed to the Court's sound discretion. In exercising its discretion, the district court must weigh several factors, including the reasons for the government's delay in affording the required discovery, the extent of prejudice, if any, the defendant has suffered because of the delay, and the feasibility of curing such prejudice by granting a continuance. United States v. Wicker, 848 F.2d 1059, 1060 (10th Cir. 1988).",
      "position": "body"
    },
    {
      "type": "printed",
      "content": "The Supreme Court's decision in Taylor v. Illinois, 484 U.S. 400 (1988) is instructive. Taylor involved the exclusion of a witness of whom the defense had known but failed to disclose. The defendant challenged the trial court's exclusion of the witness as a sanction for the discovery violation, alleging that it violated his right to present witnesses under the Sixth Amendment's compulsory process clause. In determining whether a preclusion sanction is appropriate, the Court mandated that a trial court exercise its discretion by balancing a defendant's fundamental right \"to offer the testimony of witnesses in his favor\" against countervailing public interests. Id. at 414. These interests include \"[t]he integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable evidence, the interest in the fair and efficient administration of justice, and the potential prejudice to the truth-determining function of the trial process.\" Id. at 414–15. The trial court may also consider the willfulness of the violation, the simplicity of compliance with the discovery obligation, and whether some unfair tactical advantage has been sought. See id. at 415–17. Considering these factors, the Court upheld the exclusion of the defendant's witness.",
      "position": "body"
    },
    {
      "type": "printed",
      "content": "5",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00005602",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [],
    "organizations": [],
    "locations": [],
    "dates": [
      "10/29/21",
      "1988"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "384",
      "848 F.2d 1059",
      "484 U.S. 400",
      "DOJ-OGR-00005602"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to a criminal case, discussing the preclusion of certain statements as a remedy for discovery violations. The text is well-formatted and legible, with no apparent redactions or damage."
}