Does the harmless error rule apply in cases in which the court found that the trial judge failed to impose sanctions required by the Jencks Act?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bernard, 607 F.2d 1257 (9th Cir. 1979):

The government is correct in its assertion that this court has consistently applied the harmless error rule in cases in which the court found that the trial judge failed to impose sanctions required by the Jencks Act. See, E. g., United States v. Harris, 543 F.2d 1247, 1253 (9th Cir. 1976); United States v. Carrasco, 537 F.2d 372, 377 (9th Cir. 1976). It is also true as the government suggests, that this court reviewed the records in those cases in order to determine if the failure to comply with the Jencks Act resulted in prejudice to the defendant. However, the government fails to notice that in both of those cases the trial judge's failure to impose sanctions under the Jencks Act is considered to be error. Id. at 1384.

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