United States v. Kenneth Olsen

Chief Judge KOZINSKI, with whom Judges PREGERSON, REINHARDT, THOMAS and WATFORD

join, dissenting from the order denying the petition for rehearing en banc:

There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.

I

Kenneth Olsen was convicted by a federal jury of knowingly developing a biological agent for use as a weapon in violation of 18 U.S.C. § 175. United States v. Olsen, 704 F.3d 1172, 1177 (9th Cir.2013). Olsen admitted that he produced ricin, a highly toxic poison, but argued that he didn’t intend to use it as a weapon. Instead, he claimed that he…