Lopez

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed July 16, 2008, is amended as follows:

At Slip Op. 8785, line 34: Change “Counsel for one of the co-defendants told ...” to “Frank Cikutovich, counsel for one of the co-defendants, told ... ”.

At Slip Op. 8786, line 24: Change “Bailey to Agent Rice or ...” to “Bailey to Rice or ... ”.

At Slip Op. 8792 [4], line 1: Amend to read “In this case, because Lopez cannot carry the lesser burden of establishing a Brady violation that would entitle Lopez to habeas relief, had this been Lopez’s first habeas petition, she cannot carry the greater burden ... ”.

At Slip Op. 8794 [6], line 4: Amend to read “... Lopez has not established the existence of such a Brady violation that warrants habeas relief, had this been Lopez’s first habeas petition.”.

OPINION

Gabriele Lopez, a.k.a. Gabriele Koenig (“Lopez”), filed a federal habeas corpus motion in the district court seeking to vacate her drug conviction because the government withheld until long after her trial potentially damaging credibility information about one of the government’s principal witnesses, in violation of the government’s disclosure obligations under Brady…