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U.S. v. SMITH

Nos. 92-3220, 95-3100.

77 F.3d 511 (1996)

UNITED STATES of America, Appellee, v. David W. SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1996.

Attorney(s) appearing for the Case

Neil H. Jaffee, Assistant Federal Public Defender, Washington, DC, argued the cause, for appellant, with whom A.J. Kramer, Federal Public Defender, and Amy Seidman, Assistant Federal Public Defender, were on the brief.

June M. Jeffries, Assistant United States Attorney, argued the cause, for appellee, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Elizabeth Trosman and William E. Lawler, III, Assistant United States Attorneys, were on the brief.

Before: EDWARDS, Chief Judge, WALD and SILBERMAN, Circuit Judges.

HARRY T. EDWARDS, Chief Judge:

Appellant David Smith was found guilty by a jury of distribution of five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (1988). Subsequently, the District Court sentenced appellant to 360 months in prison.

Appellant now challenges his conviction, claiming that the Government violated its obligation to disclose certain so-called Brady material, i.e., impeachment evidence relating to one...

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