United States v. Garrett

Because I believe there were no “discovery” violations in this case, I readily agree with the majority that the district court abused its discretion by imposing the sanction of excluding twenty-five witnesses for the government. I am troubled, however, by the majority’s uncritical acceptance of the parties’ arguments that this is a “discovery” dispute to which the analysis of cases such as United States v. Sarcinelli, 667 F.2d 5 (5th Cir.1982), and United States v. Katz, 178 F.3d 368 (5th Cir.1999), may be applied. Those cases construct an analytical framework for the imposition of sanctions…