US v. Aviles-Colon, 05-1384, 05-2039, 05-2040
Conviction for conspiracy to distribute heroin, cocaine, and marijuana at three drug points in Puerto Rico in violation of 21 U.S.C. sections 841(a) and 846 and for possession of firearms, is affirmed for two appellants and vacated for the third appellant where: 1) with respect to the two appellants there is no reversible error; and 2) with respect to the third appellant, the government failed to disclose exculpatory evidence material to his defense, in violation of Brady v. Maryland, 373 U.S. 83 (1963).
- Decided 07/31/2008
- Published 07/31/2008
LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.
United States First Circuit
David Abraham Silverman, for appellant Avilés-Colón., Jose E. Rivera-Ortíz, for appellant Galiany-Cruz., Linda Backiel, for appellant Carrión Torres.
Julia M. Meconiates, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.