Parris

MEMORANDUM *

The Government appeals from the district court’s denial of the Government’s motion to reconsider the dismissal of four counts of bank embezzlement against Albert D. Parris (“Parris”). Parris cross-appeals from the district court’s denial of his motion to dismiss the remaining counts of the indictment on which the district court declared a mistrial. We reverse the order dismissing four counts of bank embezzlement because we conclude that the district court abused its discretion in imposing the ultimate sanction of dismissal. We affirm the district court’s order denying Parris’s motion to dismiss the remaining counts on which the district court had declared a mistrial. Because the parties are familiar with the facts of this case, we recite only those necessary to the disposition of issues the parties have raised in their appeals.

I

On the fifth day of trial, the Government disclosed for the first time the existence of Exhibits 149 and 150. The district court concluded that a dismissal of Counts Six through Ten was compelled because the Government had inadvertently violated Rule 16 by failing to disclose these exhibits before Parris had exposed his theory of defense…