United States v. Jesse James Risha

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a government appeal from an order of the District Court granting a new-trial on Brady grounds to Defendant Jesse James Risha, who was convicted of attempted arson in violation of 18 U.S.C. §§ 844(i) and (2). See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The District Court concluded that the government’s key witness, Frank Caito, expected consideration for testifying against Risha, and that his testimony in fact helped him to secure an extremely favorable plea agreement in unrelated state charges pending against him.…