Gary Gathers & Keith Mitchell v. United States

STEADMAN, Senior Judge:

Appellants Gary Gathers and Keith Mitchell were convicted of first-degree murder and related offenses in 1994. In this appeal, thfey assert that at the trial, the government relied on false evidence that was crucial to the government’s case and that a new trial is therefore mandated under the holding by the United States Supreme Court in Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959). The government admits a Napue violation occurred, but argues that appellants are barred from relief on both procedural and substantive grounds. We are persuaded that…