United States v. Wayne McDuffie

MEMORANDUM

The government appeals the district court’s orders granting Defendant Wayne McDuffie a new trial and suppressing' drug-related evidence. We affirm the grant of a new trial, but reverse the order suppressing evidence.

In granting McDuffie a new trial, the district court concluded that the government violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), when it. failed to disclose in a timely manner certain fingerprint evidence. To establish a Brady violation, a defendant must show that “[t]he evidence at issue [is] favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence [was] suppressed by the State, either willfully or inadvertently; and prejudice ... ensued.” United States v. Price, 566 F.3d 900, 907 (9th Cir.2009) (quoting Strickler v. Greene, 527 U.S. 263, 281-82 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999)) (internal quotations omitted).

The evidence at issue here showed that Detective Barrington’s fingerprint was on a drug scale, which was found in the Ash Street apartment. This evidence supported McDuffie’s theory that Barrington sought to frame him in order to pressure him to cooperate with…