United States v. Brawer, Cal. No. 612-614

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtMOORE, HAYS and FEINBERG, Circuit
Citation496 F.2d 703
PartiesUNITED STATES of America, Appellee, v. Alfred BRAWER et al., Defendants-Appellants.
Decision Date03 May 1974
Docket NumberDockets 72-2199,Cal. No. 612-614,72-2201 and 72-2215.

496 F.2d 703 (1974)

UNITED STATES of America, Appellee,
v.
Alfred BRAWER et al., Defendants-Appellants.

Cal. Nos. 612-614, Dockets 72-2199, 72-2201 and 72-2215.

United States Court of Appeals, Second Circuit.

Decided Post-Remand May 3, 1974.


Alfred I. Rosner, New York City, for defendants-appellants Alfred Brawer and Ralph Ignomirello.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City and Kenneth C. Bass, III, Reston, Va., of counsel, for defendant-appellant Wassil Kreshik.

Paul J. Curran, U. S. Atty. S. D. N. Y., New York City, Elliot G. Sagor and John D. Gordan, III, Asst. U. S. Attys., of counsel, for appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

Upon the appeal in this case, 482 F.2d 117 (2d Cir. 1973), both in brief and on argument, appellants Alfred Brawer, Ralph Ignomirello and Wassil Kreshik

496 F.2d 704
claimed for the first time that the Government had improperly suppressed exculpatory evidence which could have been used to impeach the key government witness, Maucelli. In response the government conceded that a post-trial examination of its files revealed that in April 1969 certain statements had been taken from three Canadians, Welsch, Bubic and Riel, allegedly involved in the attempt to sell the Treasury Bills, the subject of the prosecution, which statements had not been made available to the appellants. Accordingly, to make certain that non-disclosure of the April 1969 statements, admittedly in the government's possession, was neither a violation of appellants' rights, nor a violation of the prosecutor's obligations, under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), we remanded the case to the District Court to determine "after reading and considering such material as the government may have had in its files" "whether the government improperly denied appellants access to the material," or otherwise stated whether the material was of such an exculpatory nature that it "in any reasonable likelihood would have affected the judgment of the jury." Napue v. Illinois, 360 U.S. 264, 271, 79 S. Ct. 1173, 1178, 3 L.Ed.2d 1217 (1959). Therefore, since "absent a finding of improper suppression of material evidence" we believed that the evidence justified affirmance of the convictions, we remanded to "await both a ruling by the district court on the Brady issue and the expanded record before making final disposition of this appeal."

Judge Pollack has now submitted his...

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7 practice notes
  • U.S. v. Ross, No. 74--2969
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 21, 1975
    ...5 Cir., 1971, 441 F.2d 1285, 1286--1287; United States v. Bland, 5 Cir., 1970, 432 F.2d 96, 97; United States v. Brawer, 2 Cir., 1974, 496 F.2d 703, 705; United States v. Barnes, 8 Cir., 1973, 486 F.2d 776, 779; Xydas v. United States, 1971, 144 U.S.App.D.C. 184, 445 F.2d 660, 8 See United ......
  • Brawer v. Horowitz, No. 75-1907
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 12, 1976
    ...to do so. 18 U.S.C. §§ 2, 371, 2314; see United States v. Brawer, 482 F.2d 117 (2d Cir.), on remand, 367 F.Supp. 156 (S.D.N.Y.1973), aff'd 496 F.2d 703 (2d Cir.), cert. denied, 419 U.S. 1051, 95 S.Ct. 628, 42 L.Ed.2d 646 (1974). Prior to trial, appellee Mauceli pleaded guilty to a charge of......
  • Brawer v. United States, No. 78 Civ. 3513 (MP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • December 13, 1978
    ...The Court of Appeals adopted the findings of this Court on the Brady issue and affirmed the convictions of all of the defendants. 496 F.2d 703 (2d Cir. 1974). The Supreme Court denied certiorari. 419 U.S. 1051, 95 S.Ct. 628, 42 L.Ed.2d 646 (1974).405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 ......
  • United States v. Baylin, Cr. A. No. 81-22.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • March 26, 1982
    ...that neither factor in this two-fold test has been demonstrated and release on bail is not justified. See Calley v. Callaway, supra, 496 F.2d at 703. For the reasons discussed in this opinion, Baylin's amended application to vacate sentence pursuant to 28 U.S.C. § 2255 will be denied. Petit......
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7 cases
  • U.S. v. Ross, No. 74--2969
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 21, 1975
    ...5 Cir., 1971, 441 F.2d 1285, 1286--1287; United States v. Bland, 5 Cir., 1970, 432 F.2d 96, 97; United States v. Brawer, 2 Cir., 1974, 496 F.2d 703, 705; United States v. Barnes, 8 Cir., 1973, 486 F.2d 776, 779; Xydas v. United States, 1971, 144 U.S.App.D.C. 184, 445 F.2d 660, 8 See United ......
  • Brawer v. Horowitz, No. 75-1907
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 12, 1976
    ...to do so. 18 U.S.C. §§ 2, 371, 2314; see United States v. Brawer, 482 F.2d 117 (2d Cir.), on remand, 367 F.Supp. 156 (S.D.N.Y.1973), aff'd 496 F.2d 703 (2d Cir.), cert. denied, 419 U.S. 1051, 95 S.Ct. 628, 42 L.Ed.2d 646 (1974). Prior to trial, appellee Mauceli pleaded guilty to a charge of......
  • Brawer v. United States, No. 78 Civ. 3513 (MP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • December 13, 1978
    ...The Court of Appeals adopted the findings of this Court on the Brady issue and affirmed the convictions of all of the defendants. 496 F.2d 703 (2d Cir. 1974). The Supreme Court denied certiorari. 419 U.S. 1051, 95 S.Ct. 628, 42 L.Ed.2d 646 (1974).405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 ......
  • United States v. Baylin, Cr. A. No. 81-22.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • March 26, 1982
    ...that neither factor in this two-fold test has been demonstrated and release on bail is not justified. See Calley v. Callaway, supra, 496 F.2d at 703. For the reasons discussed in this opinion, Baylin's amended application to vacate sentence pursuant to 28 U.S.C. § 2255 will be denied. Petit......
  • Request a trial to view additional results

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