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United States v. Johnson

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Argued September 15, 2009

Before: HENDERSON and GARLAND, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

A jury convicted Sirocco Johnson of possessing heroin and crack cocaine with the intent of distributing both substances; and of using, carrying, or possessing a firearm in connection with a drug offense. Each of the charges stemmed from a search of a bedroom Johnson occupied in a townhouse where his mother, stepfather and sister lived. Johnson raises rather routine issues regarding the sufficiency of the evidence, a jury instruction and an evidentiary ruling. After discussing these issues we will deal with the serious question in the case — whether the government failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963).

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