“Brady” Violation

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7^th Circuit Court of Appeals

Case Name: United States of America v. Gilbert Bicknell

Case No.: 22-2268

Officials: Rovner, Hamilton, and Scudder, Circuit Judges.

Focus: “Brady” Violation

Gilbert and his son Michael faced charges related to possessing methamphetamine with the intent to distribute. Gilbert pleaded guilty and sought “safety-valve relief” to avoid the mandatory minimum 10-year sentence. During this time, Michael also pleaded guilty and agreed to cooperate, providing information about Gilbert’s criminal activities. Surprisingly, the plea agreement between Michael and the government was never disclosed to Gilbert or his lawyer, and it was not entered into the court’s docket.

At Gilbert’s sentencing hearing, Michael testified against his father, with the prosecutor eliciting false testimony by claiming that Michael had pleaded “open” without a written plea agreement. Later, the written plea agreement was located and revealed to the parties. However, Gilbert’s lawyer did not request to recall Michael for further cross-examination or explore his motivations for testifying.

Despite the unsettling conduct of the prosecution, the Seventh Circuit reluctantly affirmed. To seek relief for a “Brady” violation, a defendant must demonstrate that the undisclosed information was material to either guilt or punishment. Although Gilbert was unaware of evidence that could have impeached a witness against him, the court concluded that this evidence would not have affected the outcome of his sentencing.

Affirmed.

Decided 07/19/23

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