Kott

ORDER *

Peter Kott was convicted of conspiracy ( 18 U.S.C. § 371 ), Hobbs Act extortion under color of official right ( 18 U.S.C. § 1951 (a)) and federal programs bribery ( 18 U.S.C. § 666 (a)(1)(B)). He appealed his sentence and conviction.

*205 On April 13, 2009, shortly before oral argument on appeal, Kott filed a motion requiring the United States to disclose all evidence “favorable to the accused” pursuant to Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). The motion arose out of events in United States v. Stevens, Criminal No. 08-231 (D.D.C.), in which the United States moved to set aside a judgment of conviction and to dismiss the indictment with prejudice based on failure to disclose Brady material. The witness involved in the Stevens case was also a primary witness in the Kott prosecution.

The United States responded to the motion for production in this case by reporting that it was conducting a review of the disclosures and would produce any Brady material it found that had not already been produced.

Although it apparently has not concluded its review, the United States has now moved the Court to remand this case to the district court for…