United States v. Joel Rosenberg

HASTIE, Circuit Judge.

For a second time in the course of this litigation we must determine whether withholding from the defendant certain data, which defense counsel had asked the government to surrender for inspection and possible use in the cross-examination of witnesses, has amounted to reversible error under the principles announced in Jencks v. United States, 1957, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103. On the first appeal we set aside appellant Rosenberg’s conviction, holding that the “failure of the trial judge to permit counsel for the defendant to inspect at the trial the…