United States v. Elliot Lasky

Elliot Lasky appeals his conviction for importing and conspiracy to import cocaine in violation of 21 U.S.C. §§ 952 , 960 and 963. After a mistrial was declared because of a hung jury, Lasky was retried and convicted on both counts. He was sentenced to two concurrent seven-year terms with a ten-year special parole term. Lasky filed this appeal, and subsequently moved for a new trial on the ground of newly discovered evidence. This court remanded the case to the district court, the Honorable William E. Enright, to review the new evidence. After a hearing Judge Enright declined to entertain the motion for new trial, and the defendant appealed that ruling. Since both appeals present the same fundamental issue, they have been consolidated.

The basic issue on appeal is the defendant’s contention that the government suppressed information about a government witness which was favorable to the defense in violation of the principles announced in Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 463 , 31 L.Ed.2d 104 (1972).

I.

The conspiracy charged in the indictment encompassed a time period from September 1971…