United States v. Brown

JERRY E. SMITH, Circuit Judge:

James Brown challenges his convictions on the ground that the government violated his right to due process by withholding materially favorable evidence that it possessed pre-trial. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Because the district court did not clearly err in holding that the evidence was not material, we affirm.

I

This appeal arises from an earlier trial relating to the Enron scandal. See United States v. Brown (Brown I), 459 F.3d 509, 513 (5th Cir.2006). At years’ end 1999, Merrill Lynch purchased an equity interest in…