Order Pursuant to Federal Rule of Criminal Procedure 5(f) - Julio Enrique Lugo (Document 11)

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Document 11 in Case No. 8:21-mj-1294-AAS, filed April 5, 2021, is an Order Pursuant to Federal Rule of Criminal Procedure 5(f) in the case against Julio Enrique Lugo in the Tampa Division of the United States District Court for the Middle District of Florida. Under the Due Process Protections Act, the Court notifies counsel for the Government and counsel for the defendant of the prosecutor's obligation under Brady v. Maryland to produce potentially exculpatory evidence in time for effective use. It orders compliance and states that failure may bring exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings or sanctions. The order names Federal Rule of Criminal Procedure 16(d)(2) and contempt of court as 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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