United States v. Floyd Harshman

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 2 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-35131

Plaintiff - Appellee, D.C. Nos. 4:17-cv-00022-RRB 4:12-cr-00003-RRB-1 v.

FLOYD EVERETT HARSHMAN, MEMORANDUM*

Defendants - Appellant.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, District Judge, Presiding

Argued and Submitted June 17, 2021 Anchorage, Alaska

Before: RAWLINSON, CHRISTEN, and R. NELSON, Circuit Judges. Concurrence by Judge R. Nelson.

This appeal asks us to decide whether the government’s failure to disclose

information regarding Agent Wesley Price’s credibility violated Brady v.

Maryland, 373 U.S. 83 (1963), or Giglio v. United States, 405 U.S. 150 (1972).

Because the parties are familiar with the facts, we recite only those necessary to

resolve the issue on appeal. Harshman claims a Brady/Giglio violation for one of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth…