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CONLEY v. U.S.

No. CIV.A.01-10853-WGY.

332 F.Supp.2d 302 (2004)

Kenneth M. CONLEY, Petitioner, v. UNITED STATES, Respondent.

United States District Court, D. Massachusetts.

August 18, 2004.

Attorney(s) appearing for the Case

Robert S. Bennett, Thomas J. Dougherty, Saul M. Pilchen, Jonice Gray Tucker, Skadden, Arps, Slate, Meagher & Flom, LLP, for Petitioner.

S. Theodore Merritt, United States Attorney's Office, Boston, MA, for Respondent.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. BACKGROUND

This case presents for decision but a single, straight-forward question. It is this: Recognizing that "it is enough to show that [withheld] evidence undermines confidence in the verdict," Conley v. United States, 323 F.3d 7, 10 (1st Cir.2003), did the government's withholding of evidence in this case deprive Kenneth Conley of "a fair...

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