context: Although dismissal is the presumptive sanction contemplated by CIPA when a defendant is prevented from disclosing classified information found to be material and favorable, 18 U.S.C.App. 3 SS 6(e)(2), in the interest of justice, a district court may exercise its discretion to fashion and impose less draconian sanctions.
citation_a.signal: cf.
citation_a.identifier: 353 U.S. 671, 671-72
citation_a.parenthetical: finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant
citation_a.sentence: See 18 U.S.C.App. 36(e)(2); Fernandez, 913 F.2d at 163; see also Roviaro, 353 U.S. at 65, 77 S.Ct. 623 (noting that the Government’s refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant count in the indictment); Hastings, 126 F.3d at 317 (finding that dismissal of the indictment was too severe a sanction for the Government’s failure to comply with the district court’s discovery order regarding the defendant’s selective prosecution claim); United States v. Muse, 83 F.3d 672, 675 (4th Cir.1996); cf. Jencks, 353 U.S. at 671-72, 77 S.Ct. 1007 (finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant).
citation_b.signal: see also
citation_b.identifier: 353 U.S. 65, 65
citation_b.parenthetical: noting that the Government's refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant count in the indictment
citation_b.sentence: See 18 U.S.C.App. 36(e)(2); Fernandez, 913 F.2d at 163; see also Roviaro, 353 U.S. at 65, 77 S.Ct. 623 (noting that the Government’s refusal to provide the defense with the name and address of an informant who could have offered trial testimony that would have been helpful to the defense should have been punished by dismissal of the relevant count in the indictment); Hastings, 126 F.3d at 317 (finding that dismissal of the indictment was too severe a sanction for the Government’s failure to comply with the district court’s discovery order regarding the defendant’s selective prosecution claim); United States v. Muse, 83 F.3d 672, 675 (4th Cir.1996); cf. Jencks, 353 U.S. at 671-72, 77 S.Ct. 1007 (finding that a criminal case must be dismissed when the Government, on the ground of privilege, elects not to comply with an order to produce to the defense information the trial court has found to be relevant).