United States v. Reese, et al, No. 13-2037 (10th Cir. 2014)
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Rick Reese owned a licensed firearms store in southern New Mexico and ran it with his wife, Terri, and two sons, Ryin and Remington. In 2012, a jury convicted the Reeses for aiding and abetting straw purchases of firearms from the store. Unbeknownst to them, at the time of trial the FBI was investigating one of the government's witnesses for his
alleged involvement in various criminal activities. Arguing that the government's failure to disclose that information before trial violated "Brady v. Maryland," (373 U.S. 83 (1963)), and "Giglio v. United States," (405 U.S. 150 (1972)). The district court concluded that the government had withheld favorable, material evidence from Defendants and accordingly granted their motion for a new trial. The question before the Tenth Circuit was whether the district court erred in doing so. The Tenth Circuit held that the district court erred because the investigation was not material. Therefore the Court reversed the district court's order and remanded this case for further proceedings.
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