Order — United States v. Douglas Roberson (Eastern District of North Carolina, Document 86)

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An order filed November 16, 2023 as Document 86 in United States v. Douglas Roberson, No. 5:23-CR-293-6D, in the U.S. District Court for the Eastern District of North Carolina, Western Division. The court confirms the government's disclosure obligation under Brady v. Maryland and its progeny, citing Rule 5(f)(1) of the Federal Rules of Criminal Procedure as amended by the Due Process Protections Act. It lists consequences of non-compliance: 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
                                WESTERN DIVISION
                                 No. 5:23-CR-293-6D


 UNITED STATES OF AMERICA,                        )
                                                  )
                  v.                              )                      ORDER
                                                  )
     DOUGLAS ROBERSON,                            )
                                                  )
                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 1WKday oI November 202.



                                              _________________________
                                              KIMBERLY A. SWANK
                                              United States Magistrate Judge




         Case 5:23-cr-00293-D-BM Document 86 Filed 11/16/23 Page 1 of 1


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