UNITED STATES V. MOHAMUD 35 provided the late supplemental notice on its own initiative. Our review of the unclassified and classified record supports that the district court did not clearly err in finding no prosecutorial misconduct.17 As the district court recognized, it had the power to suppress evidence, or even dismiss the indictment or grant a new trial, under its supervisory and statutory authority. See Stinson, 647 F.3d at 1210 (stating that a court may exercise its supervisory powers “to remedy a constitutional or statutory violation; to protect judicial integrity by ensuring that a conviction rests on appropriate considerations validly before a jury; or to deter future illegal conduct” (citation omitted)); see also Fed. R. Crim. P. 16(d)(2). However, the district court determined that suppression as a sanction for the late supplemental FISA notice was not warranted here, and we agree. We conclude that, under the circumstances of this case, the district court did not err in denying Mohamud’s motion to suppress premised on the late supplemental FISA notice.18 17 We do not reach whether suppression is necessary as a deterrent in light of the government’s apparent self-correction of its practices. See United States v. Dreyer, 804 F.3d 1266, 1280 (9th Cir. 2015) (en banc). 18 We also conclude that the district court did not abuse its discretion in denying discovery and an evidentiary hearing to explore the government’s late disclosure. Mohamud’s reliance on United States v. Hernandez-Meza, 720 F.3d 760, 769 (9th Cir. 2013), is misplaced because the record here does not “suggest[] that the government may have deliberately withheld” the supplemental FISA notice. Therefore, we decline Mohamud’s alternative request to remand for further fact finding.

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