United States v. Rene Blanco

After a jury trial, Rene Blanco was convicted of various drug crimes. Blanco appeals his conviction on two primary grounds. He contends that the government failed to disclose material impeachment evidence as required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972). He further contends that a flight instruction should not have been given to the jury.

We hold that the government wrongly suppressed impeachment information about a confidential informant in violation of Brady and Giglio . We do not know whether there is additional Brady and Giglio material that the government has still not turned over to the defendant. We remand with instructions to the district court to order the government to reveal all information in its possession concerning the confidential informant. To the degree necessary and appropriate, the district court may inspect this material in camera.

We further hold that the district court erred in giving a flight instruction to the jury, but that this error, considered alone, was harmless.

I. Background

Defendant Rene Blanco, along with co-defendant Ediberto…