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Case 20-3061, Document 37, 09/16/2020, 2932231, Page11 of 24 imperfectly reparable by appellate reversal of a final district court judgment is not sufficient.” Punn, 737 F.3d at 5 (internal quotation mark omitted) (quoting Mohawk Indus., 558 U.S. at 107). “Instead, the decisive consideration is whether delaying review until the entry of final judgment ‘would imperil a substantial public interest’ or ‘some particular value of a high order.’” Mohawk Indus., 558 U.S. at 107 (quoting Will v. Hallock, 546 U.S. 345, 352-53 (2006)); see also Kensington Int’l Ltd. v. Republic of Congo, 461 F.3d 238, 241 (2d Cir. 2006). Ina criminal case, the availability of post-judgment relief through reversal or vacatur of conviction, if warranted, will generally be sufficient to protect whatever right a defendant claims was abridged by the district court’s pretrial decision. See, e.g., Punn, 737 F.3d at 14 (“Punn’s claim can be adequately vindicated upon appeal from a final judgment. . . . [I]f Punn’s arguments continue to fail before the district court, purportedly ill-gotten evidence or its fruits are admitted at his trial, and conviction results, appellate review will be available at that point[,] .. . [and the Court] may order a new trial without the use of the ill-gotten evidence, or whatever additional remedies are necessary to ensure that Punn’s legitimate interests are fully preserved.”); United States v. Hitchcock, 992 F.2d 236, 239 (9th Cir. 1993) (district court’s refusal to seal documents not immediately appealable because “TrJeversal after trial, if it is warranted, will adequately protect .. . interest[s]” asserted by defendants). 10 DOJ-OGR-00019353

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Filename DOJ-OGR-00019353.jpg
File Size 678.8 KB
OCR Confidence 92.5%
Has Readable Text Yes
Text Length 1,674 characters
Indexed 2026-02-03 19:42:30.682708