United States v. Bernard Weintraub
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Appellant, Bernard Weintraub, was convicted of various criminal offenses arising from his involvement in a cocaine distribution conspiracy. He has filed a petition in the nature of habeas corpus under 28 U.S. C. § 2255 seeking to have his conviction vacated and his sentence set aside. We uphold his conviction. We must set aside the sentence and remand for further proceedings, however, based upon our conclusion that the prosecution improperly withheld favorable evidence that was material to Weintraub’s punishment.
I. Facts and Prior Proceedings
Bernard Weintraub…
2Cases cited16 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Giglio v. United StatesSupreme Court of the United States · 1972
- Pennsylvania v. RitchieSupreme Court of the United States · 1987
- United States v. Robert E. CapuaCourt of Appeals for the Fifth Circuit · 1981
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3Cited by59 opinions
- United States v. Edwin Sanchez, United States of America v. Gregorio Rosario, United States of America v. Rafael SanchezCourt of Appeals for the First Circuit · 1990
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- United States v. Thomas Bentley-Smith and Edsil M. Elledge, Jr., A/K/A Ken ElledgeCourt of Appeals for the Fifth Circuit · 1993
- Willie Albert Smith v. Lee Roy Black, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1990
- United States v. SipeCourt of Appeals for the Fifth Circuit · 2004
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