Crack Conviction Affirmed
In US v. Pettiford, No. 09-3068, the court affirmed defendant's conviction for possessing with intent to distribute cocaine base where 1) it was plain that the district court did not find an allegedly withheld photograph to be material; and 2) the district court properly weighed the strength of the overall evidence against defendant in concluding that an undisclosed driver's license was not material under Brady.
As the court wrote: "In November 2006, a jury convicted Franklin Pettiford (Pettiford) of possessing with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B)(iii). Pettiford, contending the Government had failed to disclose exculpatory evidence in its possession in violation of Brady v. Maryland, 373 U.S. 83 (1963), moved for a new trial. The district court denied his motion, concluding the undisclosed evidence was not material. For the following reasons, we affirm."
- Read the DC Circuit's Decision in US v. Pettiford, No. 09-3068