USA v. LAMBERT et al

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA, 	)
)
)
)
v. 	)
) 2:18-cr-00193-JDL-2
ABOUBACAR CONGO, 	)
)
Defendant. 	)
ORDER ON DEFENDANT’S MOTION FOR EARLY DISCLOSURE OF
JENCKS MATERIAL
Aboubacar Congo is charged with possessing a controlled substance with the
intent to distribute, in violation of 21 U.S.C.A. § 841(a)(1) (West 2019), conspiring to
distribute a controlled substance in violation of 21 U.S.C.A. § 846 and § 841(a)(1), and
maintaining a drug-involved premises in violation of 21 U.S.C.A. § 856(a)(2). Congo
requests that the Court enter an order that compels the Government to provide
Jencks Act witness materials three weeks before jury selection. 	The Government
objects to the motion. For the reasons that follow, the motion is DENIED.
The Jencks Act provides that in a criminal prosecution, “no statement or report
in the possession of the United States which was made by a Government witness or
prospective Government witness (other than the defendant) shall be the subject of
subpena [sic], discovery, or inspection until said witness has testified on direct
examination in the trial of the case.” 18 U.S.C.A. § 3500(a) (West 2019). 	The First
Circuit has made clear that “[a] court may not compel the disclosure of statements of
Government witnesses before the conclusion of their direct testimony.” U.S. v.
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2
Grandmont, 680 F.2d 867, 874 (1st Cir. 1982); see also U.S. v. Owens, 933 F. Supp.
76, 80 (D. Mass. 1996) (“[T]he overwhelming majority of cases–including cases from
the First Circuit–adhere to a rule that is nearly absolute: district court judges may
not, over the government’s objection, compel pretrial disclosure of nonexculpatory
Jencks Act material earlier than the close of a witness’s testimony on direct
examination.”). Accordingly, it is not within this Court’s discretion to compel early
disclosure of Jencks Act material over the Government’s objection as requested by
the Defendant.
For the foregoing reasons, Congo’s Motion for Early Disclosure of Jencks
Material (ECF No. 158) is DENIED.
SO ORDERED.
Dated this 26th day of August, 2019
/s/ JON D. LEVY
CHIEF U.S. DISTRICT JUDGE
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