Criminal Procedure — due process — exculpatory evidence

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — due process — exculpatory evidence

The defendant is not entitled to a new trial, even though the government failed to disclose exculpatory evidence, where the evidence of guilt was overwhelming.

“Magin’s argument is unpersuasive. Although it is true that the jury may have gone over each piece of evidence with “a fine-toothed comb,” the district court concluded that there was overwhelming evidence against Magin irrespective of Harris’s testimony. Indeed, the district judge found that “the government’s case would have been almost as strong without any chemist’s testimony.” Agents found drug ledgers and a handgun, in addition to the scale, in the apartment of co-defendant Mendez. The evidence against Magin included taped conversations with other defendants concerning drug transactions, seizures of cocaine in connection with these drug-related conversations, Magin’s fingerprints on cocaine packaging, surveillance evidence, and the testimony of several cooperating members of the conspiracy. The district court did not abuse its discretion in concluding that the strength of the remaining evidence rendered the suppressed evidence immaterial.2 See United States v. Agurs, 427 U.S. 97, 109- 10 (1976) (‘The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish “materiality” in the constitutional sense.’).

Affirmed.

10-2999 U.S. v. Villasenor

Appeal from the United States District Court for the Northern District of Illinois, Gottschall, J., Kanne, J.