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U.S. v. SPAGNOULO

No. 89-6131.

960 F.2d 990 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald SPAGNOULO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 20, 1992.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Miami, Fla., Patrick M. Hunt, Asst. Federal Public Defender, Ft. Lauderdale, Fla., Alison Marie Igoe, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Linda Collins Hertz, Dawn Bowen, Carol E. Herman, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HATCHETT, Circuit Judge, JOHNSON and HENDERSON, Senior Circuit Judges.

HATCHETT, Circuit Judge:

We reverse the convictions in this case because the government, without moral culpability or willfulness, suppressed evidence favorable to the appellant.

I. FACTS

On February 6, 1987, David Brock arrived in Miami, Florida, on a flight from Boston, Massachusetts, to pick up a kilogram of cocaine for Gerald Spagnoulo, the appellant. Ruben Del Vejar, who had previously supplied Brock with cocaine for Spagnoulo, met Brock at...

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