U.S. v. SIRAJ
533 F.3d 99 (2008)
UNITED STATES of America, Appellee,
v.
Shahawar Matin SIRAJ, Defendant-Appellant.
Docket No. 07-0224-cr.
United States Court of Appeals, Second Circuit.
Argued: June 16, 2008.
Decided: July 9, 2008.
Marshall L. Miller (David C. James and Todd Harrison, on the brief), Assistant United States Attorneys for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.
Robert J. Boyle, New York, NY, for Appellant.
Before: JACOBS, Chief Judge, STRAUB, Circuit Judge, and JONES, District Judge.*
DENNIS JACOBS, Chief Judge:
Shahawar Matin Siraj ("Matin") appeals from a judgment entered January 18, 2007 in the Eastern District of New York (Gershon, J.) convicting him of various offenses arising out of a conspiracy to bomb the Herald Square subway station in midtown Manhattan. Because most of Matin's arguments are defeated by well settled law, we consider them in an accompanying summary order. We write to resolve a single issue of first impression: whether written police reports that memorialize oral statements made by a defendant to an undercover officer must be produced upon demand under Federal Rule of Criminal Procedure 16(a)(1)(B)(i). We hold that they do not.
BACKGROUNDBetween November, 2002 and April, 2004, Matin spoke many times with an undercover New York City Police ("NYPD") officer who operated under the assumed name of Kamil Pasha. After speaking with Matin, Pasha would relay Matin's statements to his NYPD handler; and the handler would create a written report containing the substance of Matin's statements. The government concedes that it did not give the NYPD reports to Matin in response to his pre-trial discovery request under Federal Rule of Criminal Procedure 16.
Matin argues that he was entitled to get the reports under subsection (a)(1)(B)(i) of Rule 16, and that he was prejudiced by the government's failure to produce them.
I
* The Honorable Barbara S. Jones, of the United States District Court for the Southern District of New York, sitting by designation.