United States v. Joshua Lucas

Joshua Lucas-appeals his federal conviction for being a felon in possession of a firearm and ammunition after his earlier California conviction for the same conduct. His appeal turns on a discovery issue: whether the district-court erred by denying his motion to compel information he contends will support a motion to dismiss the federal indictment under the Double Jeopardy Clause of the United States Constitution. See Petite v. United States, 361 U.S. 529, 530-31 , 80 S.Ct. 450 , 4 L.Ed.2d 490 (1960); Abbate v. United States, 359 U.S. 187, 189-96 , 79 S.Ct. 666 , 3 L.Ed.2d 729 (1959). Because Lucas failed to either make the requisite showing of materiality under Federal Rule of Criminal Procedure 16 or adequately challenge the government’s representation that it does not have any Brady material, we affirm.

I

On October 15, 2013, two Bay Area Rapid Transit (“BART”) police officers saw Lucas and two others evade the fare to ride a BART-train at the Powell .Street Station in San Francisco, California. One of the officers approached Lucas, who admitted he did not have a BART ticket. When the- officer turned to speak to the second officer, Lucas started to run. The officers…