United States v. George, No. 22-4617 (4th Cir. 2024)
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The appellant, Terry George, was charged with being a felon in possession of a firearm and ammunition. The government's key witness, Prince Frazier, had given inconsistent accounts of who was in the car at the time of the traffic stop leading to George's arrest. This inconsistency was not disclosed to George prior to trial. After being convicted, George sought to have his conviction vacated or a new trial ordered, arguing that the government's failure to disclose this inconsistent testimony violated his due process rights under Brady v. Maryland, which requires the prosecution to disclose evidence favorable to an accused. The district court denied George's motion, finding that the government's failure to disclose was not material to George's defense.
George was also serving a term of supervised release as a result of a separate criminal conviction at the time of his felon in possession conviction. The district court revoked George's supervised release based on his new conviction.
George appealed both decisions. Upon review, the court affirmed the district court's decisions. The court held that while the government should have disclosed the inconsistent statement, it was not material to George's defense because George's conviction would stand independently of any question about Frazier's credibility. Furthermore, the court affirmed the revocation of George's supervised release, as it was based on a valid conviction.
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