Nikrasch

United States v. Nikrasch

Good Law
25 F. App'x 570
United States Court of Appeals for the Ninth CircuitDecember 26, 2001No. 00-50485. D.C. No. CR-98-00375-MMM-1California2,398 words

Opinion

Lead Opinion

MEMORANDUM *

BACKGROUND

Defendant-appellant Terrance Edward Nikraseh (“Nikrasch”) appeals his conviction and sentence, following his pleas of guilty to one count of escape from federal custody, one count of passing counterfeit *573 currency, and one count of possessing counterfeit currency. Because the facts are well known to the parties, they are explained here only to the extent necessary to explain our ruling.

DISCUSSION

I. Withholding of Material Discoverable Evidence

Nikrasch claims that the government’s failure to produce all potentially exculpatory discovery was unlawful both pursuant to Rule 16 of the Federal Rules of Criminal Procedure and Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963).

A. Rule

First, Nikrasch argues that the government failed to produce discoverable evidence in violation of Federal Rule of Criminal Procedure 16. Specifically, Nikrasch claimed that the government should have turned over copies of surveillance videotapes, physical descriptions, and artists’ sketches. Nikrasch claimed that the physical descriptions and artists’ sketches did not resemble him, and that it was impossible to identify him in the videotapes.…

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