United States DC Circuit

In a case arising from the operation of a massive drug ring in Washington, D.C., defendants' drug and RICO conspiracy convictions and sentences are affirmed in part where: 1) there was no Brady violation because 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 judgment is vacated in part where the government presented no evidence as to one count on which a defendant was sentenced.

Appellate Information

• Argued 10/19/2009
• Decided 05/25/2010
• Published 05/25/2010

Judges

• Before SENTELLE, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard K. Gilbert, David B. Smith, Steven R. Kiersh, and Sicilia C. Englert, appointed by the court, argued the cause for appellants. With them on the briefs were Michael E. Lawlor and Thomas J. Saunders, appointed by the court. Kristen G. Hughes, appointed by the court, entered an appearance.


• For Appellees:
  
• Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roy W. McLeese III, Elizabeth Trosman, John Dominguez, and Darlene Soltys, Assistant U.S. Attorneys.