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Order Pursuant to Rule 5 of the Federal Rules of Criminal Procedure — United States v. Bushell, Stockton

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Order Pursuant to Rule 5 of the Federal Rules of Criminal Procedure, Doc. 11, dated October 13, 2022, in United States of America v. Brian Andrew Bushell and Tracey M.A. Stockton, No. 22-mj-04506-DHH, in the United States District Court for the District of Massachusetts. Citing the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, the order reminds the United States of its obligation to disclose in a timely manner all exculpatory evidence to the defendants, as required by Brady v. Maryland, 373 U.S. 83 (1963). It states that failure to comply may result in consequences, including exclusion of evidence, dismissal of charges, contempt proceedings, and sanctions. The signature reads / s / Jennifer C. Boal, United States Magistrate Judge.

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“Order Pursuant to Rule 5 of the Federal Rules of Criminal Procedure — United States v. Bushell, Stockton.” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/007-ecf-11-gov-uscourts-mad-249171-11-0-6f1b117a5f/, SHA-256 677847ff5fe15d9dfea3114e225a8169d2bc6384454d397e8e9ce6abc28f868b.

Full text

         Case 1:22-mj-04506-DHH Document 11 Filed 10/13/22 Page 1 of 1




                             UNITED STATES DISTRICT COURT
                              DISTRICT OF MASSACHUSETTS


No. 22-mj-04506-DHH

                                UNITED STATES OF AMERICA

                                                 v.

                 BRIAN ANDREW BUSHELL and TRACEY M.A. STOCKTON

                            ORDER PURSUANT TO
           RULE 5 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE

                                         October 13, 2022

Boal, U.S.M.J.

       Pursuant to the Due Process Protections Act, Pub. L. No. 116-182, 134 Stat. 894 (Oct. 21,

2020) and Rule 5(f) of the Federal Rules of Criminal Procedure, the United States is reminded of

its obligation to disclose in a timely manner all exculpatory evidence to the defendants, that is,

all evidence that is favorable to the defendants or tends to cast doubt on the United States’ case,

as required by Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Failure to comply with

this order may result in consequences, including, but not limited to, the reversal of any

conviction, the exclusion of evidence, adverse jury instructions, dismissal of charges, contempt

proceedings, disciplinary action, and/or sanctions by the Court.



                                                / s / Jennifer C. Boal
                                              JENNIFER C. BOAL
                                              UNITED STATES MAGISTRATE JUDGE




                                                 1

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