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Case 20-3061, Document 38, 09/16/2020, 2932233, Page10 of 23
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).
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Document Details
| Filename | DOJ-OGR-00019376.jpg |
| File Size | 679.4 KB |
| OCR Confidence | 92.5% |
| Has Readable Text | Yes |
| Text Length | 1,675 characters |
| Indexed | 2026-02-03 19:42:45.918627 |