U.S. v. Charles

2 Citing cases

  1. Kendrick v. United States

    No. 22-CV-6510-FPG (W.D.N.Y. Jun. 7, 2023)   Cited 1 times

    Brady demands more. See, e.g., United States v. Charles, No. 10-CR-37, 2011 WL 2689353, at *5 (D.V.I. July 11, 2011) (“Given the highly speculative nature of [the defendant's] latest theory of the case . . . and the failure to identify any particular evidence in the possession of the government that supports his theory, the Court declines to find a Brady violation.”).

  2. United States v. Nagle

    Crim. No. 1:09-CR-384-01 (M.D. Pa. Jul. 26, 2013)   Cited 11 times
    Upholding conviction for conspiracy to defraud the United States and to commit mail fraud and wire fraud, noting that "[t]he Government sustained its burden, in large part, by way of circumstantial evidence establishing that Defendant was intimately involved with SPI's business and knowingly acted for the purpose of furthering the scheme to defraud the Department of Transportation's DBE program."

    However, nondisclosure will not support a Brady violation if the suppressed information is not favorable to the defendant and material to the proceedings. See United States v. Charles, Crim. No. 10-cr-0037, 2011 WL 2689353, *5 (D.V.I. July 11, 2011) (citing Maynard v. Gov't of V.I., No. 09-2273, 2010 WL 3330193, *8 (3d Cir. Aug. 25, 2010) ("[N]on-disclosure alone is not sufficient to form the basis of a successful Brady challenge."). On the issue of materiality, the Supreme Court has noted that "[s]uch evidence is material 'if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.'"