Opinion
CRIMINAL ACTION NO. 2:10cr186-MHT
02-14-2012
UNITED STATES OF AMERICA v. LARRY P. MEANS
(WO)
ORDER
It is ORDERED that defendant Larry P. Means's motion to dismiss (Doc. No. 2270) is denied. First, the court is not convinced that a Brady violation occurred. Second, even if there was a Brady violation, dismissal is not warranted because there is no evidence that the failure to disclose was willful or prejudicial. Indeed, the evidence is now available for the retrial.
Myron H. Thompson
UNITED STATES DISTRICT JUDGE