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Rigas v. United States

Certiorari Denied

Petition for certiorari denied on October 4, 2010.

Docket No.09-1456
Op. Below2d Circuit

Issue

1) Whether the government suppresses evidence within the meaning of Brady v. Maryland, 373 U.S. 83 (1963), when it refuses to produce (a) notes from an interview with a witness who has exculpatory information, when the defendant knows only the role and identity of the witness but not to what facts the witness would testify; or (b) materials in the sole possession of another agency conducting a parallel investigation; and 2) whether, consistent with the civil “loss causation”? principles announced in Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005), a court enhancing a criminal sentence based on the amount of resulting loss must disentangle contributing factors to determine the specific losses actually caused by the defendant's offense conduct.

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