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Order pursuant to Federal Rule of Criminal Procedure 5(f) — No. 1:21-cr-10048 (Dkt. 7, C.D. Ill.)

Summary

An order pursuant to Federal Rule of Criminal Procedure 5(f) in United States v. Samuel Powell, Case Number 1:21-cr-10048, in the U.S. District Court for the Central District of Illinois, Peoria Division, entered January 21, 2022 (1 page) and signed by Magistrate Judge Jonathan E. Hawley. It notifies counsel for the Government and the defendant of the prosecutor's obligation under Brady v. Maryland to produce potentially exculpatory evidence material to guilt or punishment at a time sufficient for the defendant to make effective use of it. The order states that possible consequences for violation include those set forth in Federal Rule of Criminal Procedure 16(d)(2), sanctions, and contempt of court.

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“Order pursuant to Federal Rule of Criminal Procedure 5(f) — No. 1:21-cr-10048 (Dkt. 7, C.D. Ill.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-pursuant-to-federal-rule-of-criminal-procedure-5-f-no-1-21-cr-10-7472e3c3d0/, SHA-256 548c14f1e99ecd65e06adb72e0807b80f569ae1bd5a79ba68fe9708045ee6004.

Full text

                                                                                        E-FILED
                                                           Friday, 21 January, 2022 03:55:22 PM
                                                                   Clerk, U.S. District Court, ILCD

                IN THE UNITED STATES DISTRICT COURT
                    CENTRAL DISTRICT OF ILLINOIS
                          PEORIA DIVISION


UNITED STATES OF AMERICA,
    Plaintiff,

v                                           Case Number: 1:21-cr-10048

SAMUEL POWELL,
    Defendant.


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

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, 373 U.S. 83 (1963), 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.” U.S. v. Higgins, 75 F.3d 332, 334 (7th Cir. 1996), citing
U.S. v. Allain, 671 F.2d 248, 255 (7th Cir. 1982).

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.

                           Entered on January 21, 2022

                             s/Jonathan E. Hawley
                           U.S. MAGISTRATE JUDGE




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