U.S. v. RIVAS

No. 03-1649.

377 F.3d 195 (2004)

UNITED STATES of America, Appellee, v. Edgar RIVAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 26, 2004.


Attorney(s) appearing for the Case

Colleen P. Cassidy, New York, N.Y., (Legal Aid Society, Federal Defender, Division Appeals Bureau, New York, N.Y., on the brief), for Defendant-Appellant.

Samuel G. Williamson, Asst. U.S. Atty., New York, N.Y. (David N. Kelley, U.S., Atty., Adam B. Siegel, Asst. U.S., Atty., New York, N.Y., on the brief), for Appellee.

Before: NEWMAN, CALABRESI, and SOTOMAYOR, Circuit Judges.


NEWMAN, Circuit Judge.

This appeal concerns a prosecutor's failure to disclose exculpatory evidence, as required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Defendant-Appellant Edgar Rivas appeals from the October 9, 2003, judgment of the District Court for the Southern District of New York (John S. Martin, Jr., District Judge), sentencing him to 121 months' imprisonment after a jury found him guilty...

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