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ARTICLE: Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure
lose the identity of its witnesses before trial. However, the basis for such grants of authority now seems defunct. For instance, in United States v. Armstrong, the Ninth Circuit recognized no authority exists in the federal rules for requiring the government to disclose the names of its witnesses. 74 Still,
Page: HOUSE_OVERSIGHT_017676 →disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for court authority in the absence of control
Page: HOUSE_OVERSIGHT_017676 →ght of the conference report on Rule 16, compelling disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for
Page: HOUSE_OVERSIGHT_017676 →r. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alameh, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite
Page: EFTA00027309 →that the requested evidence is material." Rigas, 258 F. Supp. 2d at 307 (internal citation omitted). As the Supreme Court held in United States v. Armstrong, while Rule 16 authorizes 10 EFTA00027321 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 16 of 34 defendants to exami
Page: EFTA00027322 →oyees who have at other times also allegedly falsified records. The cases Thomas cites do not support a contrary result. In United States v. Biyan, the Ninth Circuit concluded that the government could not limit its discovery obligations to documents located in the district of prosecution since the case came out
Page: EFTA00027331 →. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alamelz, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite
Page: EFTA00031265 →t sympathy, compassion, or compromise from the jury. The records Thomas seeks are no more discoverable than the nullification evidence precluded in Armstrong and its progeny. See Armstrong, 517 U.S. at 462- 63 (defendant not entitled to discovery on race of other narcotics defendants to aid in selective p
Page: EFTA00031281 →oyees who have at other times also allegedly falsified records. The cases Thomas cites do not support a contrary result. In United States v. Bryan, the Ninth Circuit concluded that the government could not limit its discovery obligations to documents located in the district of prosecution since the case came out
Page: EFTA00031287 →Entities connected to both Armstrong and the Ninth Circuit

Jeffrey Epstein
PERSON
United States
LOCATIONLeon Black
PERSON
Department of Justice
ORGANIZATION
Supreme Court
ORGANIZATION
George W. Bush
PERSONJane Doe
PERSON
Scarlett Johansson
PERSON
Kenneth Marra
PERSONEmmy Taylor
PERSON
Prince Andrew
PERSON
Marc Rich
PERSONthe Southern District
LOCATION
Donald Trump
PERSON
Alan Dershowitz
PERSON
Michael Jackson
PERSON
Bradley Edwards
PERSON
Ghislaine Maxwell
PERSON
New York
LOCATION
Joe Biden
PERSON