United States v. Gordon "Butch" Earley, Jr.

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether the district court may receive from the United States District Attorney a “trial brief,” outlining expected testimony from the proposed witnesses, which neither the government nor the court makes available to defense counsel. Such a brief was delivered by the district attorney in Earley’s trial for bank larceny aggravated by the killing of two persons in violation of 18 U.S.C. § 2113(a) and (e) (1982), and its propriety is raised for the first time in Earley’s motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. §…