[DOWNLOAD] "United States v. Rivas" by United States Court of Appeals for the Second Circuit August Term 2003 " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Rivas
- Author : United States Court of Appeals for the Second Circuit August Term 2003
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Argued: May 28, 2004 This appeal concerns a prosecutor's failure to disclose exculpatory evidence, as required by Brady v. Maryland, 373 U.S. 83 (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 of narcotics smuggling offenses. The appeal challenges the District Court's denial of Rivas's motion for a new trial based on the Government's failure to disclose allegedly exculpatory evidence until after the jury verdict. We conclude that the evidence had a sufficiently exculpatory component to warrant a new trial. We therefore vacate the conviction and remand for a new trial.