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United States of America v. Anas Salem

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ARGUED MAY 13, 2011

Before CUDAHY, KANNE, and TINDER, Circuit Judges.

A jury convicted Anas Salem of using a gun to intimidate a witness.18 U.S.C. § 1512; id. § 924(c). On the eve of Salem’s sentencing hearing, the government produced statements placing that witness-who was also the government’s star witness against Salem-at the scene of a murder for which he was never charged. Salem moved for a new trial, arguing that this belatedly produced evidence would have shown that the witness had a motive to tailor his testimony in the government’s favor and, therefore, that the government violated Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), by failing to disclose it before trial. The district court dis-agreed and denied Salem’s motion. Salem appealed, and we vacated the district court’s order after concluding that the record was insufficiently developed to permit the finding that the government’s belated disclosure of the evidence did not run afoul of Brady and Giglio. See United States v. Salem, 578 F.3d 682, 690 (7th Cir. 2009). We instructed the district court to hold an evidentiary hearing and remanded the case so it could do so. See id.

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