United States v. Graves, No. 16-1462 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's sex trafficking and drug-related convictions, holding that he was not denied a fair trial and rejecting his contention that the government failed to produce discovery in a timely manner and in a usable form that gave defendant an opportunity to review the information. Although defendant represented himself pro se, he was provided a pretrial investigator, subpoenaed numerous defense witnesses for trial, and made use of the government's discovery at trial. Furthermore, defendant provided no instances where lack of access to specific discovery prejudiced his trial defense. Finally, the district court did not abuse its discretion in denying defendant's untimely request for a continuance on the day of the trial.
Court Description: Per Curiam - Before Loken, Colloton and Kelly, Circuit Judges] Criminal case - Criminal law. Under the facts presented, the government complied with its discovery obligations, and the district court undertook extensive steps to assure that the pro se defendant had timely computer access to the electronic discovery information; further, the record shows defendant had a pretrial investigator, was able to make extensive use of the government discovery at trial and subpoenaed numerous defense witnesses; as a result, considering all the circumstances, the court concludes the government did not deny defendant his right to a fair trial and that the district court did not abuse its discretion in responding to defendant's discovery complaints or in denying his day-of-trial request for a further continuance.
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