Case Detail
CitationUnited States v. Rivas, 377 F.3d 195 (2d Cir. 2004)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodyAppeals court
OpinionSecond Circuit Court of Appeals ordered a new trial for a sailor convicted of cocaine smuggling. The defendant's shipmate had testified against him but admitted to the prosecution the day of trial that he was the one who brought the drugs on board. "We note with some dismay the prosecutor's failure during the trial to correct the falsity of [the shipmate's] testimony that his last meeting with Government officials had occurred on January 3, when in fact he had met with them on January 6, the day the trial started. This is not just a minor discrepancy about dates. The false testimony prevented defense counsel and likely the jury from learning that during the concealed interview [he] had admitted bringing the cocaine on board the ship."
Determination Year2004
Misconduct TypePT: Brady
Pre-Trial -- Other
C/S EffectDismissal
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/2004572377F3d195_1551.xml/U.S.%20v.%20RIVAS