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UNITED STATES v. SMITH

Nos. 92-3220, 95-3100.

85 F.3d 646 (1996)

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

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1996.

Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender and Neil H. Jaffee, Washington, DC, Assistant Federal Public Defender, were on the brief for appellant.

Eric H. Holder, Jr., United States Attorney, John R. Fisher and Elizabeth Trosman, Washington, DC, Assistant United States Attorneys, were on the brief for appellee.

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

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Contrary to the Government's suggestion, the panel's opinion in United States v. Smith, 77 F.3d 511 (D.C.Cir.1996), does not hold that a court may not consider the weight of the untainted evidence presented at trial when performing a materiality analysis pursuant to United States v. Bagley, 473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed...

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