United States v. Nelson

MEMORANDUM OPINION AND ORDER

RICHARD W. ROBERTS, Chief Judge

Petitioner Gregory Nelson moves under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence, arguing that the prosecution violated his due process rights by suppressing evidence favorable to him, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The parties have briefed and argued the issues. Because the government violated its duty to disclose all exculpatory evidence and prejudiced Nelson, Nelson’s motion will be granted. 1

BACKGROUND

On April 11, 2011, Nelson pled guilty to traveling from…