When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among other things, the distorting effect of the suppressed inculpatory evidence on (1) the defendant's trial strategy, and (2) plea negotiations, or is it fair to ignore such considerations, as the Ninth Circuit held below?

QUESTION PRESENTED When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court’s response take into account, among other things, the distorting effect of the suppressed inculpatory evidence on (1) the defendant’s trial strategy, and (2) plea negotiations, or is it fair to ignore such considerations, as the Ninth Circuit held below? i