Order — United States v. Timothy Harvey (Eastern District of North Carolina, Document 32)

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An order in United States v. Timothy Harvey, No. 5:23-CR-293-5D, in the U.S. District Court for the Eastern District of North Carolina, filed September 21, 2023 as Document 32. Under Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the Due Process Protections Act, the court confirms the government's disclosure obligation under Brady v. Maryland and its progeny. The order states that failure to comply could result in exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt proceedings, or imposition of sanctions. The signature block names Kimberly A. Swank, United States Magistrate Judge.

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                       IN THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                W(67(51 DIVISION
                                 No. 5:23-CR-293-5D


 UNITED STATES OF AMERICA,                        )
                                                  )
                  v.                              )                      ORDER
                                                  )
       TIMOTHY HARVEY,                            )
                                                  )
                Defendant.                        )



       Pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the

Due Process Protections Act, Pub. L. No. 116-182, 134 Stat. 894 (Oct. 21, 2020), the court hereby

confirms the government’s disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963),

and its progeny. See Brady, 373 U.S. at 87 (“[T]he suppression by the prosecution of evidence

favorable to an accused upon request violates due process where the evidence is material either to

guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”). Failure by

the government to comply with its disclosure obligation could result in such consequences as

exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt

proceedings, or imposition of sanctions.

       SO ORDERED, this 1st day of September 202.



                                              _________________________
                                              KIMBERLY A. SWANK
                                              United States Magistrate Judge




         Case 5:23-cr-00293-D-BM Document 32 Filed 09/21/23 Page 1 of 1


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