United States v. Lucas, No. 15-10103 (9th Cir. 2016)
Annotate this CaseDefendant appealed his federal conviction for being a felon in possession of a firearm and ammunition after his earlier California conviction for the same conduct. At issue is whether the district court erred by denying his motion to compel information he contends will support a motion to dismiss the federal indictment under the Double Jeopardy Clause. The court affirmed the district court's judgment, concluding that defendant failed to either make the requisite showing of materiality under Federal Rule of Criminal Procedure 16 or adequately challenge the government’s representation that it does not have any Brady material. In this case, defendant's proffer is insufficient to compel the government to provide the information he seeks and thus the district court did not err in denying his request for that information.
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