UNITED STATES of America, Plaintiff-Appellee, v. David Michael STEINBERG, Defendant-Appellant

OVERVIEW

Defendant David Michael Steinberg was convicted of (1) conspiracy to possess cocaine with intent to distribute (count one); (2) using or carrying a firearm during a drug trafficking crime (count two); (3) conspiracy to possess and transfer counterfeit currency (count three); (4) possession of counterfeit federal reserve notes (count , four); and (5) transferring counterfeit federal reserve notes (count 5). After the jury convicted Stein-berg, but prior to sentencing, Steinberg made a motion for a new trial based on the Government’s failure timely to disclose exculpatory evidence. The district court denied defendant Steinberg’s motion for a new trial and sentenced Steinberg to 248 months’ incarceration. Steinberg timely appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse his convictions under counts one and two of the indictment and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

In September 1992, Craig Rickard introduced defendant Steinberg to confidential informant Martin James Schulz. Schulz testified at trial that at a meeting with defendant Steinberg, he and Steinberg discussed a possible purchase of ten kilograms of cocaine with counterfeit…