Order Pursuant to Federal Rule of Criminal Procedure 5(F) — United States of America v. Rosenide Venant

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An Order Pursuant to Federal Rule of Criminal Procedure 5(f) filed April 5, 2021 in United States of America v. Rosenide Venant, Case No. 8:21-mj-1295-AAS, in the U.S. District Court for the Middle District of Florida, Tampa Division. Citing the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence 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 consequences including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions. It also cites Federal Rule of Criminal Procedure 16(d)(2) for possible consequences, and its signature block names Thomas G. Wilson, United States Magistrate Judge.

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Case 8:21-mj-01295-AAS Document13_ Filed 04/05/21 Page 1 of 2 PagelD 52

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA
Vv. CASE NO. 8:21-mj-1295-AAS
ROSENIDE VENANT

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-01295-AAS Document13_ Filed 04/05/21 Page 2 of 2 PagelD 53

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 _s-°Mday of

THOMAS G. WILSON
UNITED STATES MAGISTRATE JUDGE

April, 2021.


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