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United States v. Jumah

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ARGUED OCTOBER 7, 2009

Before RIPPLE, KANNE and SYKES, Circuit Judges.

Amen E. Jumah was convicted by a jury of knowing possession of a listed chemical, knowing, or having reasonable cause to believe, that the chemical would be used to manufacture a controlled substance in violation of 21 U.S.C. § 841(c)(2). The district court, acting without the benefit of the Supreme Court’s subsequent decision in Dixon v. United States, 548 U.S. 1 (2006), granted a motion for a new trial on the ground that the jury had been instructed erroneously about the public authority defense. We reversed the district court’s grant of Mr. Jumah’s motion for new trial and remanded the case with instructions to reinstate the jury’s verdict. See United States v. Jumah, 493 F.3d 868, 870 (7th Cir. 2007) (“Jumah I”). On remand, the district court considered Mr. Jumah’s remaining grounds for a new trial. One of those arguments was that the Government had failed to comply with its obligations under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). The district court denied the motion for new trial and sentenced Mr. Jumah to 151 months’ imprisonment. For the reasons set forth in this opinion, we affirm in part and reverse in part the judgment of the district court and remand with instructions for re-sentencing.

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