Procedure – Discovery Sanction; Exclusion of Evidence

Where the government offered DNA evidence in a criminal case just days before trial, the District Court found that the government failed to act diligently in checking with the lab about the evidence and the evidence would cause extreme prejudice to the defendant, so the court did not abuse its discretion in excluding the evidence as a sanction. Judgment is affirmed.

14-2008 U.S. v. Sims, appealed from the Western District of Missouri, Kelly, J.