U.S. v. Brown

Record contained sufficient evidence to support jury’s guilty verdict on drug conspiracy charge, even though defendant argued that his membership in different gang precluded jury from finding that defendant had joined co-defendants’ narcotics distribution conspiracy. Record showed that defendant had agreed to pay co-defendant for right to continue to sell drugs in certain geographical area, and agreement to pay rent for right to sell drugs in particular geographical area is sufficient to establish drug conspiracy, regardless of whether defendant was competitor with co-defendants. Others also testified that defendant had admitted to working for member of conspiracy selling heroin, and that defendant was working in tandem with another individual when selling drugs. Dist. Ct. also did not err in denying another defendant’s motion for new trial based on allegation that prosecutor violated Brady by not timely informing him that one govt. witness had implicated himself in unrelated murder in statement made to different prosecutor. Newly discovered impeachment evidence will normally not be deemed material so as to support request for new trial under Brady, where, as here, govt.’s case against defendant did not rest entirely on said witness’s testimony and credibility.