:15-cr-00317-KMW Document 323 Filed 05/17/18 Page 3 of 20 defense."). Only one decision—United States v. Tucker, 249 F.R.D. 58, 66 (S.D.N.Y. 2008) (Scheindlin, J.), as amended (Feb. 20, 2008)—has suggested applying a different standard, and that standard has generally been rejected. See United States v. Bergst