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Argued: July 19, 2001

Appeal from judgments of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) convicting appellant Charles Schwarz of depriving, and conspiring to deprive, the civil rights of a detainee; and convicting Schwarz and appellants Thomas Wiese and Thomas Bruder of conspiring to obstruct justice in connection with a federal grand-jury investigation.

Pursuant to United States v. Jacobson, 15 F.3d 19, 21-22 (2d Cir. 1994), and United States v. Brawer, 482 F.2d 117, 136 (2d Cir. 1973), we remand the cause for the limited purpose of determining whether an affidavit by a retired police sergeant-in combination vel non with other materials submitted to this Court-provides a basis to conclude that the Government 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), or provides a basis to grant a motion for a new trial that appellants may bring under Rule 33 of the Federal Rules of Criminal Procedure. The District Court is directed to complete its consideration of these matters by September 24, 2001, at which time jurisdiction over this appeal shall automatically be restored to this panel so that it may rule on appellants’ claims of error.

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