United States v. David W. Smith

HARRY T. EDWARDS, Chief Judge:

Appellant David Smith was found guilty by a jury of distribution of five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (1988). Subsequently, the District Court sentenced appellant to 360 months in prison.

Appellant now challenges his conviction, claiming that the Government violated its obligation to disclose certain so-called Brady material, i.e., impeachment evidence relating to one of its witnesses, Mr. M. As part of a plea agreement with Mr. M, the prosecutor agreed to dismiss two felony cases pending against Mr. M in D.C. Superior…