or prosecution of this case." United States v. Rivera, No. 13 Cr. 149, 2015 WL 1540517, at *3 (E.D.N.Y. Apr. 7, 2015); see, e.g., United States v. Merlin, 349 F.3d 144, 155 (3d Cir. 2003) (holding that Government did not violate Brady obligation in failing to turn over tapes in BOP possession because