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U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

The question presented here was whether statements by the defendant to which the prosecution has no access are discoverable under Rule 16(a)(1)(A). The Court ruled as follows:

"To answer this the court examines what it means to be "in possession, custody, or control of the government" for purposes of Rule ...

 

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