United States v. Brester, No. 13-15311 (11th Cir. 2015)
Annotate this CaseDefendant and his co-conspirators were involved in a fraudulent scheme where they charged lenders "management fees" when they purchased and immediately resold apartment units. At issue was whether the government's failure to inform defendant of an aspect of its plea agreements with his co-conspirators violated his rights under Brady v. Maryland. The government failed to inform defendant that it had separately agreed to recommend a loss amount under the advisory guidelines based only on the fraudulent transactions identified at the time of the plea agreements. The court concluded that defendant was nor prejudiced by the failure to disclose the co-conspirators' agreements about the loss amount where he has not established that there is a reasonable probability that the outcome of his trial would have been different had the jury learned of the promise about the loss amount. Accordingly, the court affirmed the judgment.
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