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CONLEY v. U.S.

No. 04-2424.

415 F.3d 183 (2005)

Kenneth M. CONLEY, Petitioner, Appellee, v. UNITED STATES of America, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided July 20, 2005.

Attorney(s) appearing for the Case

Saul M. Pilchen, with whom Robert S. Bennett, Jonice Gray Tucker, Robert W. Scheef, and Thomas J. Dougherty, were on brief for appellee.

Bradley J. Schlozman, Deputy Assistant Attorney General, with whom R. Alexander Acosta, Assistant Attorney General, Mark L. Gross, and Teresa Kwong, were on brief for appellant.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and Baldock, Senior Circuit Judge.

BALDOCK, Senior Circuit Judge.

The question in this appeal is whether the Government's suppression of impeachment evidence violated Petitioner Kenneth Conley's right to due process under the Fifth Amendment.1 See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The district court answered yes and granted Petitioner's motion to set aside his conviction. See 28 U.S.C...

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