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U.S. v. THOMAS

Docket Nos. 00-1393, 00-1394.

239 F.3d 163 (2001)

UNITED STATES of America, Appellee, v. A.J. THOMAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 1, 2001.

Attorney(s) appearing for the Case

Bret A. Puscheck, Assistant United States Attorney, for Denise E. O'Donnell, United States Attorney, Western District of New York, Attorney for Appellee.

Robert G. Smith, Assistant Federal Defender, Western District of New York, Attorney for Defendant-Appellant.

Before VAN GRAAFEILAND and KATZMANN, Circuit Judges, and KAPLAN, District Judge.

KAPLAN, District Judge.

The principal questions presented here are whether the government's failure to produce a transcript of testimony given by defendant in a prior administrative proceeding until after defendant completed his direct testimony violated Federal Rule of Criminal Procedure 16(a)(1)(A) and, if so, whether defendant was substantially prejudiced by the violation. We conclude that the answers to both questions are

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