US v. Salem, No. 08-2034
In a prosecution for witness intimidation and possessing a firearm in furtherance of that offense, a denial of defendant's request for a new trial is vacated and remanded for an evidentiary hearing where: 1) under Brady, the government was required to disclose evidence materially favorable to the accused; and 2) defendant never had a sufficient opportunity to make a showing of whether certain evidence at issue was material by demonstrating reasonable probability that had the evidence been disclosed to the defense, the result of the proceeding would have been different.
Appeal from the United States District Court for the Eastern District of Wisconsin.
Argued January 14, 2009
Decided August 25, 2009
Before Cudhay, Kanne, and TInder, Circuit Judges
Opinion by Tinder, Circuit Judge.
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