Chases

United States v. Chases

Good Law
230 F. App'x 761
United States Court of Appeals for the Ninth CircuitApril 30, 2007No. 06-50003California373 words

Opinion

Lead Opinion

MEMORANDUM **

Brenen Alexson Chases appeals his conviction in the district court of conspiracy to possess with intent to distribute the drug MDMA (commonly known as “ecstacy”) in violation of 21 U.S.C. §§ 846 , 841(a)(1). Chases claims the prosecution committed Brady violations that rendered his trial constitutionally infirm, and his conviction should be vacated. We agree with the district court that the government displayed shocking sloppiness throughout the proceedings, and was repeatedly negligent with respect to its affirmative duty to disclose evidence to the defense and to comply with discovery requests.

Nevertheless, Chases has not shown that, had the phone records been admitted into evidence, there was a reasonable probability the jury would have accepted Chases’ entrapment defense and returned an acquittal instead of a guilty verdict. Therefore, Chases has not dem *763 onstrated the evidence was material, and there was no Brady violation. See United States v. Bagley, 473 U.S. 667, 682 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985) (reversal for a Brady violation is warranted only if there is a reasonable probability that the result of the proceeding would have been different…

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