United States v. Calvin W. Breit

K.K. HALL, Circuit Judge:

Calvin W. Breit appeals from the district court’s order, denying his motion for a new trial based on an alleged Brady violation. 1 We affirm.

I

Breit was indicted, inter alia, on one count of conspiracy, in violation of 21 U.S.C. § 846, and six counts of possession and aiding and abetting possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, on August 6, 1982. Overt act number 10 of the conspiracy count charged that:

On or about April 25, 1980, in the vicinity of Virginia Beach, Virginia, CALVIN W. BREIT, Defendant…