U.S. v. Mota

Defendant was not entitled to new trial on drug distribution charges even though govt. agent had failed to record and relay exculpatory evidence stemming from conversation agent had with third-party, who indicated that he, as opposed to defendant, was totally responsible for certain drug sale. While instant failure to relay exculpatory evidence constituted Brady violation, no reversible error occurred where defense counsel learned of said evidence at start of trial and was able to thoroughly elicit from third-party at trial his testimony that defendant was innocent of charged offense. Ct. further noted that if defendant counsel needed more time to conduct investigation into exculpatory evidence, defense counsel should have sought continuation of trial.