United States v. Burke

McCONNELL, Circuit Judge.

This case involves the belated disclosure of exculpatory or impeachment evidence required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Although we conclude that the tardy disclosure of exculpatory or impeachment evidence can sometimes give rise to a Brady violation and are greatly concerned by the government’s conduct in this case, we conclude that the defendant’s objection to the government’s belated disclosure failed to articulate any basis for finding that he was prejudiced by the delay. As a result, we affirm the judgment of the…