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- nysd;;1:16-cr-00453_de83 RegisterActionDate "2017-05-02" @default.
- nysd;;1:16-cr-00453_de83 RegisterActionDescriptionText "MEMO ENDORSEMENT as to 9B426B9, Ger Palagio C2A0494, 976449F on re: 54 LETTER by USA addressed to Judge Richard J. Sullivan from AUSAs Amanda Houle, Jason Swergold, Edward Kim, dated May 1, 2017 re: Opposition to Defendants' April 27 Letter Motion. ENDORSEMENT: Defendant's motion for sanctions under Rule 16(d)(2) (Doc. No. 49) is DENIED. Rule 16 of the Federal Rules of Criminal Procedure "obligates the Government to produce items in its possession, custody or control that (1) are material to preparing a defense, or (2) may be used in its case-in-chief. Rule 16(a)(1)(E)." United States v. Ahmed, No. 10-cr-131 (PKC), 2011 WL 4915005, at *7 (S. D. N. Y. Sept. 23, 2011). As the government's letter makes clear, the photographs were delivered to the government by Grenadian law enforcement on April 25, 2017. (Doc. No. 54 at 2-3.) Accordingly, it is clear that the government did not violate Rule 16. See United States v. Yousef, 327 F. 3d 56, 129 (2d Cir. 2003) ("The Government is not under an obligation to produce prior statements of foreign law enforcement officials that it does not possess."). And even assuming the government somehow failed to abide by its Rule 16 obligations, Defendant has failed to point to any prejudice he has suffered as a result of the late disclosure. See United States v. Sanchez, 912 F. 2d 18, 21 (2d Cir. 1990) ("In deciding what remedy is appropriate under Rule 16(d)(2), the district court should consider, inter alia, whether the defendant was prejudiced by the government's delay in disclosing the evidence in question.... "). Accordingly, Defendant's motion is DENIED. The Clerk is respectfully directed to terminate the motion pending at docket number 49. SO ORDERED: (Signed by Judge Richard J. Sullivan on 5/2/2017)(bw) (Entered: 05/03/2017)" @default.
- nysd;;1:16-cr-00453_de83 AdministrativeID "67" @default.
- nysd;;1:16-cr-00453_de83 hasJudgeReference SJ000846 @default.