United States v. Victor Arditti, United States of America v. Guillermo Avila

GOLDBERG, Circuit Judge,

specially concurring:

When one door closes, fortune will usually open another.6

The Rule 16 door closes, so a criminal defendant attempts to pry open the Rule 17(c) portal. The district court, as keeper of the Rule 17(c) gate, hears the chanting of the “open sesame!” incantation7 — “let me obtain the evidence” — but cannot unlock the entry, for the recitation fails to satisfy the demanding requirements of Rule 17(c). I concur in the majority opinion and write merely to elucidate the distinction that I see between Rules 16 and 17(c) and to explain the district court’s…