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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page17 of 37
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“in ways that are only imperfectly reparable by appel-
late reversal of a final district court judgment is not
sufficient.” Punn, 737 F.3d at 5. “Instead, the decisive
consideration is whether delaying review until the en-
try of final judgment would imperil a substantial pub-
lic interest or some particular value of a high order.”
Mohawk Indus., 558 U.S. at 107; see also Kensington
Intl Ltd. v. Republic of Congo, 461 F.3d 238, 241 (2d
Cir. 2006). In a criminal case, the availability of post-
judgment relief through reversal or vacatur of convic-
tion, if warranted, will generally be sufficient to pro-
tect 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 vindi-
cated 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
“Irjeversal after trial, if it is warranted, will ade-
quately protect ... interest[s]” asserted by defend-
ants).
When applying the collateral order doctrine, the
Supreme Court has “generally denied review of pre-
trial discovery orders.” Firestone Tire & Rubber Co. v.
Risjord, 449 U.S. 368, 377 (1981). This Court likewise
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Document Details
| Filename | DOJ-OGR-00019624.jpg |
| File Size | 676.3 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 1,786 characters |
| Indexed | 2026-02-03 19:45:38.551488 |