Order Pursuant to Federal Rule of Criminal Procedure 5 — United States v. Nguyen (D. Mass., Document 10)

Summary

Order pursuant to Federal Rule of Criminal Procedure 5 dated April 9, 2021 in United States of America v. Lilly Nguyen, District of Massachusetts, signed by Marianne B. Bowler. In compliance with the Due Process Protections Act, the order directs the United States to disclose all exculpatory information to the defendant in a timely manner, including evidence that is material and favorable to the accused. It states that specific categories of exculpatory evidence are set forth in Local Rule 116.2. Failure to discharge the obligation may result in consequences including reversal of any conviction, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, and/or sanctions.

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“Order Pursuant to Federal Rule of Criminal Procedure 5 — United States v. Nguyen (D. Mass., Document 10).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-lilly-nguyen-dkt-10-d-mass-a70d6aa7ad/, SHA-256 adbc6e0c1cfd5cca32df9b55a4e9497cca5fea3efb8b7c8e014f00b47acb9ee2.

Full text

         Case 1:21-mj-02139-MBB Document 10 Filed 04/09/21 Page 1 of 1



                        UNITED STATES DISTRICT COURT
                          DISTRICT OF MASSACHUSETTS


United States of America

        v.                                           CRIMINAL ACTION NO.
                                                     1:21-mj-02139-MBB
Lilly Nguyen

                            ORDER PURSUANT TO
                  FEDERAL RULE OF CRIMINAL PROCEDURE 5


BOWLER, U.S.M.J.

        In   compliance    with   the   Due   Process    Protections     Act    and

consistent with Brady v. Maryland, 373 U.S. 83 (1963) and its

progeny, the United States is ordered to disclose all exculpatory

information,      in   a   timely   manner,     to    the   defendant.         This

information includes, but is not limited to, evidence that is

material and is favorable to the accused.               Specific categories of

exculpatory evidence that must be provided to the defense are set

forth    in   Local    Rule   116.2.     The    failure     to   discharge     this

obligation may result in consequences, including the reversal of

any conviction, exclusion of evidence, adverse jury instructions,

dismissal of charges, contempt proceedings, and/or sanctions by

the Court.

        So Ordered.

                                              /s/ Marianne B. Bowler
                                              Marianne B. Bowler, U.S.M.J.
Dated: 4/9/2021

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SHA-256: adbc6e0c1cfd5cca32df9b55a4e9497cca5fea3efb8b7c8e014f00b47acb9ee2
Our copy: 10.pdf
Original: archive.org