Us v.Schneiderhan, No. 03-2019, finds that, under the Jencks Act and Brady, the District Court did not abuse its discretion in failing to order a new trial when it came to light that a letter from the prosecutor, as it was both not exculpatory and probably gossip.
Also, the court found that under FRE 704, even if FBI agents were not really testifying as to the mental state of the defendant, such an error was harmless. The court actually rejected a number of potentially meritorious challenges to find that it was harmless error (as the same information had come out shortly before the objection, so these issues might come up again.
Finally, under Booker and Antonakopoulos, the court found that there were no specifif facts to warrant Booker remand.
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