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U.S. v. GRAHAM

Nos. 05-2332, 05-2347.

484 F.3d 413 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth J. GRAHAM (05-2332); Kyle Dresbach (05-2347), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2007.

Attorney(s) appearing for the Case

ARGUED: Albert J. Krieger, Miami, Florida, Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellants. John Hinton, III, United States Department of Justice, Washington, D.C., for Appellee.

ON BRIEF: Albert J. Krieger, Susan W. Van Dusen, Miami, Florida, Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellants. John Hinton, III, Alan Hechtkopf, United States Department of Justice, Washington, D.C., for Appellee.

Before: BATCHELDER, GILMAN, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which GILMAN, J., joined. BATCHELDER, J. (pp. 422-424), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The criminal defendants in this appeal contend that the failure of the Government's cooperating witness to produce fifteen boxes of evidence until late in the trial constituted a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct...

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