As the defense could have sought a continuance after last-minute disclosures, the putative bad faith and actual prejudice from prosecutorial discovery misconduct did not rise to the abhorrent level needed to justify dismissal with prejudice.
http://www.ca5.uscourts.gov/opinions/pub/17/17-20131-CR0.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.