Which standard must be applied to determine whether a Jencks Act violation is prejudicial or harmless?

QUESTIONS PRESENTED FOR REVIEW 1. Which standard, among those currently in use at the circuit court level, must be applied to determine whether a government attorney’s violation of the Jencks Act, 18 U.S.C. 3500, amounts to a prejudicial or harmless error? 2. Does the discretion afforded to district courts under the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), permit the exclusion of otherwise admissible expert testimony relating to a critical issue where opposing expert testimony about the same issue has been admitted? i STATEMENT OF RELEATED CASES e United States v. Greg Cantoni, No. 18-Cr-562-01, U.S. District Court for the Eastern District of New York. Judgment entered December 20, 2019. e United States v. Greg Cantoni, No. 19-4358, U.S. Court of Appeals for the Second Circuit. Summary Order issued December 9, 2021; amended Summary Order issued January 25, 2022; petition for rehearing denied February 11, 2022. ii