United States v. Brown

JAMES M. CARTER, Circuit Judge:

This is an appeal by five defendants of their convictions by a jury for conspiracy to distribute and possession with intent to distribute, a controlled substance (heroin), in violation of 21 U.S.C. §§ 841(a)(1) and 846. Nickel and Mayes also separately appeal from the denial of their motions for a new trial.

Appellants argue that the trial court erred in permitting the jury to consider evidence of a dismissed possession charge without a cautionary instruction. They also . contend that the government was obligated to disclose certain material facts about its…