United States v. David Alan Long

Appellant was convicted following a jury trial for violation of one count of possession of a firearm by a convicted felon [18 U.S.C. App. § 1202(a)(1) ]. Judgment was entered upon such conviction, and defendant appealed. Three issues are presented for this court’s consideration:

(1) Did the trial court err in failing to review some fifteen hundred (1500) pages of documents containing witness statements which the government conceded was potentially Jencks material?

(2) Did the trial court err in failing to provide defense counsel with a complete copy of the affidavit used in support of the search warrant obtained to search the defendant’s residence, as well as copies of the wiretap intercepts?

(3) Did the trial court err in failing to grant defendant’s motion for a mistrial based upon alleged prejudicial statements made by government witnesses?

I

Jencks Act Materials

Promptly upon the case being transferred to the district judge who ultimately tried the case, defendant’s counsel notified the trial judge that he would be requesting certain Jencks material that he had previously attempted to obtain through discovery motions. The court observed that the Jencks Act did not…