Jaeger

MEMORANDUM *

Paulo Jaeger appeals his conviction on two counts of the distribution of cocaine base, urging that the district court erred in ruling that materials the government disclosed to the court pursuant to Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), were inadmissible under Fed.R.Evid. 403, and thus did not need to be disclosed to the defense. We review the district court’s decision for clear error and, finding none, affirm.

I

Jaeger’s charges arose from two separate incidents in which he allegedly sold a $20 rock of cocaine base to undercover agents of the Honolulu Police Department (“HPD”), who were conducting a long-term investigation into drug and gambling activities in the Honolulu “peep show” establishment Swing Video.

After being sentenced and filing a timely notice of appeal, Jaeger discovered that the government had made a pretrial ex parte disclosure of potential Brady material. This evidence concerned unsubstantiated allegations by defendants in unrelated cases that Malcolm Lutu, an officer involved in Jaeger’s case, had stolen money (and, in one case, rock cocaine) from them during their arrests.

In Jaeger’s case, although Lutu’s…