Fernandez

The question before us is whether the district court properly sanctioned the United States for violating a discovery order by precluding the government from seeking the death penalty against Fernando Alvidrez, Marcel Arevalo, Daniel Bravo, Javier Alvidrez Duarte, Gerardo Jacobo, and Robert Mercado (collectively “Defendants”). The district court’s decision to impose this sanction was based on the government’s refusal to turn over its confidential predecisional death penalty evaluation form and prosecution memorandum, which contained information concerning the Attorney General’s pending decision whether to seek the death penalty against Defendants. On appeal, the United States argues that the district court’s discovery order is clearly erroneous because (1) Defendants have no right to discover these documents, and because (2) the documents are protected by the deliberative process and work product privileges. For the reasons discussed below, we agree with the government. We therefore reverse and remand to the district court.

I

FACTUAL BACKGROUND

Defendants, alleged members of the “Mexican Mafia,” have been charged with various violations of federal law, including participation in…