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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * UNITED STATES OF AMERICA * v. * SEAN DAVON SCOTT * * * * * * * * * * * * * * Criminal No.: RDB 05-0550

MEMORANDUM OPINION On May 1, 2006, the day that Defendant Sean Davon Scott's ("Defendant") trial was scheduled to begin, the government disclosed to defense counsel a fifteen page letter that Defendant mailed to the Baltimore City Police Department from prison. This document contains, inter alia, inculpatory statements that the government intended to use at trial in its case in chief. Before beginning jury selection, Defendant moved to suppress the letter under Federal Rule of Criminal Procedure 16(d)(2), which authorizes courts to impose sanctions for certain discovery violations. Defendant argued that the letter had been within the government's possession, custody, or control for approximately two weeks, and that the government violated Rule 16(a)(1)(B) by waiting until the morning of trial to disclose the statement to defense counsel. This Court delayed opening statements and conducted a hearing on May 2, 2006 on Defendant's motion to suppress. For the reasons stated in open court and further stated below, Defendant's motion to suppress was GRANTED.1

The case proceeded to trial and, on May 3, 2006, the Jury returned a verdict of guilty on the single-count indictment charging Defendant with possessing a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year in violation of 18 U.S.C.

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