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U.S. v. BROWN

No. 10-20621.

650 F.3d 581 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. James A. BROWN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2011.

Attorney(s) appearing for the Case

Stephan Edward Oestreicher, Jr. (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, for Plaintiff-Appellee.

Sidney Katherine Powell (argued), Dallas, TX, Daniel K. Hedges , Porter & Hedges, L.L.P., Houston, TX, Torrence Evans Lewis , Law Offices of Sidney Powell, Asheville, NC, for Defendant-Appellant.

Before SMITH, SOUTHWICK and GRAVES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

James Brown challenges his convictions on the ground that the government violated his right to due process by withholding materially favorable evidence that it possessed pre-trial. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Because the district court did not clearly err in holding that the evidence was not material, we affirm.

I.

This appeal arises...

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