Order Pursuant to Federal Rule of Criminal Procedure 5(f) - United States v. Julio Enrique Lugo

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An Order Pursuant to Federal Rule of Criminal Procedure 5(f) in United States v. Julio Enrique Lugo, Case No. 8:21-mj-1294-AAS, in the United States District Court for the Middle District of Florida, Tampa Division, Document 11, filed April 5, 2021. Citing the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence to the defendant under Brady v. Maryland and orders it to do so. The order states that failing to do so in a timely manner may result in exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions. It names Federal Rule of Criminal Procedure 16(d)(2) among the possible consequences.

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Case 8:21-mj-01294-AAS Document11_ Filed 04/05/21 Page 1 of 2 PagelD 50

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 8:21-mj-1294-AAS
JULIO ENRIQUE LUGO

ORDER PURSUANT TO FEDERAL RULE OF CRIMINAL
PROCEDURE 5(F)

Pursuant to the Due Process Protections Act, the Court confirms
the United States’ obligation to produce all exculpatory evidence to the

defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its

progeny, and orders it to do so. Failing to do so in a timely manner may
result in consequences, including, but not limited to, exclusion of evidence,
adverse jury instructions, dismissal of charges, contempt proceedings, or
sanctions by the Court.

Pursuant to Federal Rule of Criminal Procedure 5(f), counsel
for the Government and counsel for the defendant are hereby notified of the

prosecutor’s obligation under Brady v. Maryland, supra, to produce to the

defendant all potentially exculpatory evidence material either to the guilt or
punishment of the defendant at a time sufficient for the defendant to make

effective use of the exculpatory information. See, e.g., United States v.
Case 8:21-mj-01294-AAS Document11_ Filed 04/05/21 Page 2 of 2 PagelD 51

Jordan, 316 F.3d 1215, 1251 (11" Cir. 2003), and U.S. v. Newton, 44 F.3d

913, 918 (11" Cir. 1995).

Possible consequences for violation of this Order include those
set forth in Federal Rule of Criminal Procedure 16(d)(2), sanctions, and
contempt of court.

It is so ORDERED.

DONE and ORDERED at Tampa, Florida, this 2 Nias of

THOMAS G. WILSON
UNITED STATES MAGISTRATE JUDGE

April, 2021.


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