In US v. Wilson, No. 06-3128, the D.C. Circuit affirmed in part defendants' drug and RICO conspiracy convictions and sentences, on the grounds that 1) there was no Brady violation because the undisclosed information about an officer under investigation by Internal Affairs would not have been admissible at trial; 2) there was not a reasonable probability that the result of the trial would have been different for any appellant had the information been disclosed; 3) defendants had no Bruton claim because a codefendant's concessions through counsel did not implicate the Confrontation Clause; and 4) since there was valid consent to the search at issue, defendant's contention that the FBI lacked sufficient probable cause to support a search warrant was irrelevant. However, the court of appeals vacated in part, holding that the government presented no evidence as to one count on which a defendant was sentenced.
As the court wrote: "A group known as the M Street Crew operated a massive drug ring in Northeast Washington, D.C. The Crew sold PCP, as well as ecstasy and some crack cocaine. From late 2002 through March 2004, the government conducted an extensive investigation of the M Street Crew's activities. As a result of the investigation, 19 defendants were charged with a variety of federal crimes. In this appeal, five of those defendants challenge their convictions and sentences. They raise numerous claims, some common to all defendants and others specific to one or more defendants. Except for one issue related to defendant Blackson's judgment as to which the government concedes error, we affirm the district court's judgments in their entirety."
- Full Text of US v. Wilson, No. 06-3128