U.S. v. Jumah

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 08-1931
Decision Date: 
April 1, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded
In prosecution on drug possession charge arising out of defendant's attempt to sell pseudoephedrine to police confidential informant, Ct. rejected defendant's claim that govt. conducted inadequate search of favorable evidence as required under Brady and Giglio, even though defendant had alleged that govt. had supplied him with subject pseudoephedrine during prior controlled purchases in which defendant was confidential informant on behalf of police. Govt. indicated that it had already turned over any favorable evidence to defendant, and defendant could only speculate as to existence of any evidence indicating that govt. had supplied pseudoephedrine to him in any prior controlled purchase. Moreover, defendant failed to request Dist. Ct. to make in camera inspection of confidential files that might have contained exculpatory evidence.