United States v. Smith

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on the United States of America’s motion to modify the court’s order that required the government to pay defendant William E. Smith $4,250 on or before September 30, 1997 ' as a sanction for the government’s failure to produce certain discovery materials. The government contends that it is not required to pay this award because (a) it has not waived its sovereign immunity as to pre-judgment awards, or, alternatively, (b) because it has a statutory right to setoff the award from the amounts Mr. Smith owes to the…