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United States of America v. Armando Mota

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ARGUED MARCH 28, 2012

Before MANION, SYKES, and HAMILTON, Circuit Judges.

A jury convicted Armando Mota of attempting to distribute 500 grams or more of cocaine and of possessing with the intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846. At the start of his jury trial, Mota learned that a government agent had failed to record and relay exculpatory evidence regarding a con- versation between the agent and Mota’s co-defendant, Jorge Ponce, during which conversation Ponce assumed complete responsibility for the crime and proclaimed Mota’s innocence. On appeal, Mota argues that the agent’s failure to record the conversation and to pass on the information to Mota violates Brady v. Maryland, 373 U.S. 83 (1963), and that he is thus entitled to a new trial. While the failure to transmit exculpatory evidence was inexcusable, Mota learned of this evidence at the start of his trial and thoroughly presented it to the jury. Also, because Mota had the opportunity to cross-examine the negligent agent and because Ponce testified on Mota’s behalf, we cannot conclude that Mota was denied a fair trial. Mota also argues that the evidence presented by the prosecution is insufficient to sustain his convic- tion. Considering the evidence presented by the pros- ecution at trial which included testimony from the gov- ernment informant who met Ponce and Mota in order to conduct a drug deal and the audio recording of this sting operation, we find there was sufficient evi- dence from which a jury could find guilt beyond a rea- sonable doubt. Therefore, we affirm the judgment of the district court.

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