Govey

I. INTRODUCTION

Due process demands that the Government disclose to a defendant all material evidence in its possession that is favorable to the defense. This disclosure must occur at a time when the evidence can be of use and value to the defendant. Sadly, the Government in this case failed to disclose the material evidence to Defendant in a timely manner. Inexplicably, the Government waited just days before trial to disclose almost 100,000 material documents that Defendant needed to expose the trial witnesses' motive and bias against him and to attack their character for truthfulness. The Government's untimely disclosure occurred way too late for Defendant to review such an enormous amount of material documents and use them at trial. The Court now has no choice but to dismiss the charges against Defendant with prejudice.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Charges

The First Superseding Indictment charged Defendant with possession of 37.7 grams of methamphetamine with intent to distribute and for counterfeiting obligations of the United States. (Dkt. 28.) The charges arise out of a search of an Anaheim, California residence, including Defendant's bedroom, that…