United States of America, Plaintiff-Appellant-Cross-Appellee v. John Boshell, Defendant-Appellee-Cross-Appellant

Boshell appeals from his conviction for conspiracy to knowingly and intentionally possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 846, and 18 U.S.C. § 2 . Boshell alleges the government failed to timely produce discovery in compliance with the Jencks Act, 18 U.S.C. § 3500 , and Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). The government cross-appeals from the district court’s downward departure from the Sentencing Guidelines based on Boshell’s character and the disparity between the sentence he would have received under the guidelines and that of his co-defendants who pled guilty to pre-guidelines offenses. See United States v. Boshell, 728 F.Supp. 632 (E.D.Wash.1990).

The district court’s decisions on the Jencks Act and Brady materials are affirmed. Boshell’s sentence is vacated and remanded for an articulation of reasons justifying any departure from the sentencing guidelines.

I. FACTUAL AND PROCEDURAL BACKGROUND

The evidence at trial established that Bo-shell, a former Los Angeles County Sheriff, was involved in a multi-state cocaine distribution network. Boshell and twenty-two other defendants were indicted. As a…