JOHN R. TUNHEIM, Chief District Judge.
On February 27, 2018, the Court issued an order requiring the Government to correct two instances of false testimony consistent with its obligations under Napue v. Illinois, 360 U.S. 264, 269 (1959). (Mem. Op. & Order ("Napue Order"), Feb. 27, 2018, Docket No. 377). Subsequently, in keeping with the Court's ruling on the Government's Motion for Reconsideration, the Government called back two witnesses — FBI Special Agents Brian Kinney and Matt Snell — to testify about issues identified in the Court's Napue Order. Based on the testimony of these Government agents and related documentary evidence, the Court found that William Austin provided false testimony with respect to those issues. Accordingly, the Court struck the false statements.
Based on the Government's good-faith representations that it is not aware of any other false testimony implicating Napue, the Court concludes that the Government has complied with its obligation to correct false testimony. See 360 U.S. at 269. Because the Court struck Austin's false testimony and ordered the jury not to consider this testimony, the Court concludes that the potential constitutional violation identified in the Napue Order has been remedied. Id.
Based on the foregoing, and all the files, records, and proceedings herein,