United States v. Elliott Van Brandy, Gardie Shine, & Charles Patterson, 726 F.2d 548 (9th Cir. 1984). · Go Syfert
United States v. Elliott Van Brandy, Gardie Shine, & Charles Patterson, 726 F.2d 548 (9th Cir. 1984). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1985 · …postponing the hearing date ... beyond what is reasonably necessary ✓
83 citation events (41 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Price (ca9, 2009-05-21)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Price
9th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
where doubt exists as to the usefulness of evidence, the prosecutor should resolve such doubts in favor of full disclosure . . .
discussed Cited as authority (rule) United States v. Cliven Bundy
9th Cir. · 2020 · confidence medium
And to the extent that the prosecution doubted “the usefulness of evidence,” the government “should resolve such doubts in favor of full disclosure.” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir. 1984).
discussed Cited as authority (rule) United States v. Cliven Bundy
9th Cir. · 2020 · confidence medium
And to the extent that the prosecution doubted “the usefulness of evidence,” the government “should resolve such doubts in favor of full disclosure.” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir. 1984).
discussed Cited as authority (rule) Philip Cannon v. Polk County (2×)
9th Cir. · 2017 · confidence medium
See United States v. Winslow, 962 F.2d 845 , 848–49 (9th Cir. 1992) (holding that disclosure of a summary of a “rap sheet” was sufficient to satisfy Brady); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir. 1984) (holding that disclosure of summaries of an “informant file” was sufficient to satisfy Brady).
discussed Cited as authority (rule) United States v. Heine
D. Or. · 2016 · confidence medium
“The government, where doubt exists as to the usefulness of evidence, should resolve such doubts in favor of full disclosure____” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984) (citations omitted).
discussed Cited as authority (rule) United States v. Aifang Ye
9th Cir. · 2015 · confidence medium
Standefer v. United States, 447 U.S. 10, 20 , 100 S.Ct. 1999 , 64 L.Ed.2d 689 (1980). “[I]t is a long established principle of law that mere inconsistency of verdicts does not require reversal unless there is insufficient evidence to sustain the guilty verdict.” United States v. Van Brandy, *417 726 F.2d 548, 552 (9th Cir.1984) (citations omitted). 1 Moreover, there was sufficient evidence to sustain Ye’s guilty verdict for aiding and abetting Zhenyan’s violation of 18 U.S.C. § 1542 .
cited Cited as authority (rule) United States v. Wendell Kopp
9th Cir. · 2012 · confidence medium
United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Tinklenberg (2×)
SCOTUS · 2011 · confidence medium
See United States v. Wilson, 835 F. 2d 1440, 1443 (CADC 1987) (explicit), abrogated on other grounds by Bloate v. United States, 559 U. S. 196 (2010); United States v. Hood, 469 F. 3d 7, 10 (CA1 2006) (explicit); United States v. Cobb, 697 F. 2d 38, 42 (CA2 1982) (explicit), abrogated on other grounds by Henderson v. United States, 476 U. S. 321 (1986); United States v. Novak, 715 F. 2d 810, 813 (CA3 1983) (explicit), abrogated on other grounds by Henderson, supra; United States v. Dorlouis, 107 F. 3d 248, 253-254 (CA4 1997) (explicit); United States v. Green, 508 F. 3d 195, 200 (CA5 2007) (ex…
discussed Cited as authority (rule) United States v. Tinklenberg
SCOTUS · 2011 · confidence medium
See United States v. Wilson, 835 F. 2d 1440, 1443 (CADC 1987) (explicit), abrogated on other grounds by Bloate v. United States, 559 U. S. ___ (2010); United States v. Hood, 469 F. 3d 7, 10 (CA1 2006) (explicit); United States v. Cobb, 697 F. 2d 38, 42 (CA2 1982) (ex plicit), abrogated on other grounds by Henderson v. United States, 476 U. S. 321 (1986); United States v. Novak, 715 F. 2d 810, 813 (CA3 1983) (explicit) abrogated on other grounds by Henderson v. United States, 476 U. S. 321 (1986); United States v. Dorlouis, 107 F. 3d 248 , 253–254 (CA4 1997) (explicit); United States v. Green…
discussed Cited as authority (rule) United States v. Gregory Young, Jr.
9th Cir. · 2009 · confidence medium
Further, “mere inconsistency of verdicts does not require reversal unless there is insufficient evidence to sustain the guilty verdict,” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984), and here there is sufficient evidence to sustain the guilty verdict on Count 2.
discussed Cited as authority (rule) United States v. Pete
9th Cir. · 2008 · confidence medium
See United States v. Vo, 413 F.3d 1010, 1015 (9th Cir.2005) (holding that “a pretrial motion triggers an automatic exclusion [under § 3161(h)(1)(F)], even though no actual delay results”) (quotation marks and internal citations omitted); Crooks II, 826 F.2d at 5 (holding that even though “the trial date had already been set and the motion or proceeding actually caused no delay” in the start of the trial, the period of pendency of the “motion or proceeding” was nonetheless excludable); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984) (‘“We reject [an] ... analysis …
discussed Cited as authority (rule) United States v. Pete
9th Cir. · 2008 · confidence medium
See United States v. Vo, 413 F.3d 1010, 1015 (9th Cir. 2005) (holding that “a pretrial motion triggers an automatic exclusion [under § 3161(h)(1)(F)], even though no actual delay results”) (quo- tation marks and internal citations omitted); Crooks II, 826 F.2d at 5 (holding that even though “the trial date had already been set and the motion or proceeding actually caused no delay” in the start of the trial, the period of pendency of the “motion or proceeding” was nonetheless excludable); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir. 1984) (“ ‘We reject [an] . . . an…
examined Cited as authority (rule) Garnett v. Commonwealth (8×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
See United States v. Grunewald, 987 F.2d 531, 535 (8th Cir.1993) (government complied with Brady by providing defendant typed summaries of interview notes instead of the available handwritten notes containing material favorable to defendant); United States v. Phillips, 854 F.2d 273, 278 (7th Cir.1988) (government complied with Brady by providing defendant with exculpatory evidence in the form of detailed summaries); United States v. Van Brandy, 726 F.2d 548, 551-52 (9th Cir.1984) (same).
cited Cited as authority (rule) United States v. Stein
S.D.N.Y. · 2006 · confidence medium
United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984). 17 .
discussed Cited as authority (rule) United States v. Rick K. Vo
9th Cir. · 2005 · confidence medium
United States v. Crooks, 826 F.2d 4, 5 (9th Cir.1987); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984); see also Daychild, 357 F.3d at 1095 (“[T]he district court’s five-day exclusion of the period between [defendant’s] arraignment and the detention/bond hearing held at his request ... was proper.”).
discussed Cited as authority (rule) United States v. Vo
9th Cir. · 2005 · confidence medium
United States v. Crooks, 826 F.2d 4, 5 (9th Cir. 1987); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir. 1984); see also Daychild, 357 F.3d at 1095 (“[T]he district court’s five-day exclusion of the period between [defendant’s] arraignment and the detention/bond hearing held at his request . . . was proper.”).
discussed Cited as authority (rule) United States v. Acosta
unknown court · 2005 · confidence medium
For this reason, the Ninth Circuit noted in United States v. Van Brandy, that “where doubt exists as to the usefulness of evidence, [the government] should resolve such doubts in favor of full disclosure, but its failure to do so must raise a reasonable possibility that it materially affected the verdict before it becomes significant.” 726 F.2d 548, 552 (9th Cir.1984) (citations omitted).
cited Cited as authority (rule) United States v. Vogl
10th Cir. · 2004 · confidence medium
“This contention [that actual delay is required] has been rejected in each circuit in which it has been raised.” United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Carter
E.D. Wis. · 2004 · confidence medium
Further, “the government, where doubt exists as to the usefulness of evidence, should resolve such doubts in favor of full disclosure .... ” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984) (citing United States v. Goldberg, 582 F.2d 483, 489 (9th Cir.1978)).
cited Cited as authority (rule) United States v. James Daychild, United States of America v. Patrick O. Neiss
9th Cir. · 2004 · confidence medium
For example, the period between December 1 and December 31 includes both December 1 and December 31.”); United States v. Van Brandy, 726 F.2d 548, 550 (9th Cir.1984) (same).
discussed Cited as authority (rule) United States v. Sudikoff
C.D. Cal. · 1999 · confidence medium
Further, “[t]he government, where doubt exists as to the usefulness of evidence, should resolve such doubts in favor of full disclosure-” United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984) (citing United States v. Goldberg, 582 F.2d 483, 489 (9th Cir.1978).
discussed Cited as authority (rule) United States v. John Council Robinson
4th Cir. · 1993 · confidence medium
United States v. Mayes, 917 F.2d 457, 460 (10th Cir. 1990), cert. denied, __ U.S. __, 111 S.Ct. 1087 (1991); United States v. Pena, 793 F.2d 486, 489 (2nd Cir. 1986); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir. 1984).
discussed Cited as authority (rule) United States v. Alonso Gonzalez-Lopez (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
See United States v. McAllister, 747 F.2d 1273, 1276-77 (9th Cir.1984), cert. denied, 474 U.S. 829 , 106 S.Ct. 92 , 88 L.Ed.2d 76 (1985); Van Brandy, 726 F.2d at 551 (incomplete FBI file).
cited Cited as authority (rule) United States v. Williams
9th Cir. · 1991 · confidence medium
United States v. Johnson, 804 F.2d 1078, 1083 (9th Cir.1986); United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.), cert. denied, 469 U.S. 839 (1984).
cited Cited as authority (rule) United States v. Jeffery Antoine
9th Cir. · 1990 · confidence medium
United States v. Van Brandy, 726 F.2d 548, 550 (9th Cir.), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984).
discussed Cited as authority (rule) United States v. Mobile Materials, Inc. And Gerald O. Philpot (2×)
10th Cir. · 1989 · confidence medium
See United States v. Rush, 738 F.2d 497, 504 (1st Cir.1984), cert. denied, 470 U.S. 1004 , 105 S.Ct. 1355 , 84 L.Ed.2d 378 (1985); United States v. McGrath, 613 F.2d 361, 366 (2d Cir.1979), cert. denied, 446 U.S. 967 , 100 S.Ct. 2946 , 64 L.Ed.2d 827 (1980); United States v. Novak, 715 F.2d 810, 815 (3d Cir.1983), cert. denied, 465 U.S. 1030 , 104 S.Ct. 1293 , 79 L.Ed.2d 694 (1984); United States v. Holyfield, 802 F.2d 846, 848 (6th Cir.1986), cert. denied, 479 U.S. 1090 , 107 S.Ct. 1298 , 94 L.Ed.2d 154 (1987); United States v. Fogarty, 692 F.2d 542, 546 (8th Cir.1982), cert. denied, 460 U.S.…
discussed Cited as authority (rule) United States v. Eric John Thompson, United States of America v. Tammy Ann Leavoy
8th Cir. · 1989 · confidence medium
See, U.S. v. Bolden, supra; Furlow v. U.S., 644 F.2d 764, 768 (9th Cir.1981), cert. denied, 454 U.S. 871 , 102 S.Ct. 340 , 70 L.Ed.2d 175 (1981); U.S. v. Brown, 736 F.2d 807, 809 (1st Cir.1984), later appealed on related grounds, 770 F.2d 241 , cert. denied 474 U.S. 1064 , 106 S.Ct. 816 , 88 L.Ed.2d 789 (1986); U.S. v. Tedesco, 726 F.2d 1216, 1221 (2nd Cir.1984); U.S. v. Stafford, supra; U.S. v. Arkus, 675 F.2d 245 (9th Cir.1982); U.S. v. Van Brandy, 726 F.2d 548, 550 (9th Cir.), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984).
discussed Cited as authority (rule) United States v. Craig Clark Wirsing and Arthur Robert Lenz (2×) also: Cited "see, e.g."
9th Cir. · 1989 · confidence medium
United States v. Van Brandy, 726 F.2d 548, 550 (9th Cir.1984), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984).
discussed Cited as authority (rule) United States v. Howard D. Phillips
7th Cir. · 1988 · confidence medium
Andrus, 775 F.2d at 843 ; United States v. Davis, 752 F.2d 963, 976 (5th Cir.1985); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984); see also United States v. Navarro, 737 F.2d 625, 630-32 (7th Cir.1984).
discussed Cited as authority (rule) United States v. Richard Angelo Calabrese and Carol Ann Calabrese, United States of America v. Terry A. Logan
9th Cir. · 1987 · confidence medium
Title 18 U.S.C. § 3161 (h)(7) specifically excludes “[a] reasonable period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial has not run and no motion for severance has been granted.” See also United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.) (delay attributable to one defendant is attributable to his co-defendant), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984).
discussed Cited as authority (rule) United States v. Margarita Marie Davis Velasquez, United States of America v. Fernando Arango Gonzalez
4th Cir. · 1986 · confidence medium
See United States v. Cobb, 697 F.2d 38, 42 (2d Cir.1982); United States v. Novak, 715 F.2d 810, 813 (3d Cir.1983), cert. denied, 465 U.S. 1030 , 104 S.Ct. 1293 , 79 L.Ed.2d 694 (1984); United States v. Brim, 630 F.2d 1307, 1311-12 (8th Cir.1980), cert. denied, 452 U.S. 966 , 101 S.Ct. 3121 , 69 L.Ed.2d 980 (1981); United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed. 79 (1984); United States v. Stafford, 697 F.2d 1368, 1371-72 (11th Cir.1983).
examined Cited as authority (rule) United States v. Thomas J. Henderson, Scott O. Thornton and Ruth Freedman, Defendants (4×) also: Cited "see, e.g."
9th Cir. · 1985 · confidence medium
In so doing, the majority dismisses the holding of the Second and Third Circuits in United States v. Novak, 715 F.2d 810, 820 (3rd Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 1293 , 79 L.Ed.2d 694 (1984), and United States v. Cobb, 697 F.2d 38, 44 (2d Cir.1982), as well as our language in United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Multi-Management, Inc., and Warren D. Hill, and United States of America v. Multi-Management, Inc., Karl H. Herrmann, Jr., A/K/A Karl Von Herrmann, Warren D. Hill, and Eugene Smith, and Robert Monforton
9th Cir. · 1984 · confidence medium
We do not agree. 15 Assuming that this material is exculpatory and material to either guilt or punishment, see United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984), we nevertheless do not find that the tardy disclosure is a reversible Brady violation.
discussed Cited as authority (rule) United States v. Multi-Management, Inc.
9th Cir. · 1984 · confidence medium
Assuming that this material is exculpatory and material to either guilt or punishment, see United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.1984), we nevertheless do not find that the tardy disclosure is a reversible Brady violation.
discussed Cited "see" United States v. Price
9th Cir. · 2009 · signal: see · confidence high
See United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.1984) (“[W]here doubt exists as to the usefulness of evidence, [the prosecutor] should resolve such doubts in favor of full disclosure ... ”).
cited Cited "see" Garnett v. Com.
Va. · 2008 · signal: accord · confidence high
Id.; accord United States v. Van Brandy, 726 F.2d 548 , 551 (9th Cir.1984); Banks v. People, 696 P.2d 293 , 297-98 (Colo.1985).
discussed Cited "see" United States v. Darlene Wilson, A/K/A Kilkea, Andrea Ruffin (2×) also: Cited "see, e.g."
D.C. Cir. · 1987 · signal: see · confidence high
See United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir.) (automatic exclusion for period in which renewal of motion to suppress was pending, even though trial court deferred hearing and ruling on the motion until trial), cert. denied, 469 U.S. 839 , 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984); United States v. Novak, 715 F.2d 810, 813 (3d Cir.1983) (Congress intended exclusion for all pretrial motions to be automatic), cert. denied, 465 U.S. 1030 , 104 S.Ct. 1293 , 79 L.Ed.2d 694 (1984); United States v. Stafford, 697 F.2d 1368, 1371 (11th Cir.1983) (noting a contrary conclusion would “present…
discussed Cited "see" United States v. Robert Daniel Bigler (2×)
5th Cir. · 1987 · signal: accord · confidence high
Accord United States v. Von Brandy, 726 F.2d 548, 550-51 (9th Cir.1984); United States v. Stafford, 697 F.2d 1368, 1371 (11th Cir.1983); United States v. Brim, 630 F.2d 1307, 1312-13 (8th Cir.1980). . _ U.S. _, 106 S.Ct. 1871 , 90 L.Ed.2d 299 (1986). . 705 F.2d 1414, 1415 (5th Cir.), cert. denied, 464 U.S. 997 , 104 S.Ct. 496 , 78 L.Ed.2d 689 (1983).
discussed Cited "see, e.g." United States v. Michael Edward Kennedy
9th Cir. · 1989 · signal: see also · confidence low
See United States v. Polizzi, 801 F.2d 1543, 1553 (9th Cir.1986) (no Brady violation where the undisclosed evidence was cumulative to evidence presented at trial); see also United States v. Van Brandy, 726 F.2d 548 (9th Cir.1984) (defendant must not only make a showing that the non-diselosed evidence is material and favorable to defendant, but also that it has not been included in any report provided to defendant).
discussed Cited "see, e.g." United States v. Michael Edward Kennedy
9th Cir. · 1989 · signal: see also · confidence low
See United States v. Polizzi, 801 F.2d 1543, 1553 (9th Cir.1986) (no Brady violation where the undisclosed evidence was cumulative to evidence presented at trial); see also United States v. Van Brandy, 726 F.2d 548 (9th Cir.1984) (defendant must not only make a showing that the non-disclosed evidence is material and favorable to defendant, but also that it has not been included in any report provided to defendant).
discussed Cited "see, e.g." United States v. Albert Dupuy, United States of America v. Christie Buzard, United States of America v. Juan Antonio Tercero (2×)
9th Cir. · 1985 · signal: see also · confidence medium
See also United States v. Von Brandy, 726 F.2d 548, 551 (9th Cir.1984) (summaries of data satisfied Brady obligation); United States v. Griffin, 659 F.2d 932, 939 (9th Cir.1981).
discussed Cited "see, e.g." United States v. Dennis Leo Lehman (2×)
9th Cir. · 1985 · signal: see, e.g. · confidence medium
See, e.g., United States v. Van Brandy, 726 F.2d 548, 552 (9th Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 139 , 83 L.Ed.2d 79 (1984); see also United States v. Griffin, 659 F.2d 932, 939 (9th Cir.1981), cert. denied, 456 U.S. 949 , 102 S.Ct. 2019 , 72 L.Ed.2d 473 (1982).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Elliott VAN BRANDY, Gardie Shine, and Charles Patterson, Defendants-Appellants
83-5082 to 83-5084.
Court of Appeals for the Ninth Circuit.
Feb 22, 1984.
726 F.2d 548
1984 U.S. App. LEXIS 25267
Mitchell D. Dembin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee., Paul H. Duvall, Jenkins & Perry, Frank M. Murphy, III, Judy Clarke, San Diego, Cal., for defendants-appellants.
Browning, Norris, Schnacke.
Cited by 54 opinions  |  Published
SCHNACKE, District Judge:

(1) Introduction: Van Brandy and Shine each appeals from a judgment convicting him of conspiracy to commit robbery and of attempted bank robbery. Patterson appeals from a judgment convicting him of aiding and abetting attempted bank robbery. The three judgments were entered after a jury trial. Appellants have, between them presented three contentions on appeal: (a) that their trial was not commenced within the maximum time allowable under the Speedy Trial Act (all three appellants raise this issue); (b) that the trial court erred in not compelling the government to produce an informant file maintained by the Federal Bureau of Investigation (only Van Brandy and Patterson raise this issue); and (c) that Patterson’s conviction for aiding and abetting attempted bank robbery was fatally inconsistent with his acquittal on a conspiracy to commit bank robbery charge (Patterson’s contention alone). None of these contentions is meritorious.

(2) Speedy Trial Act: The Speedy Trial Act [18 U.S.C. §§ 3161 et seq., hereinafter “Act” or “§ 3161”] requires that the trial of a defendant shall commence within 70 days from the filing of the indictment [§ 3161(c)(1) ], unless expanded by the addition of “excludable time” [§ 3161(h) ].

Appellants claim that, even allowing for excludable time, the appellants were not brought to trial within the 70-day period. The government contends that the total excludable time brings the December 14, 1982 trial date within the 70-day period.

All parties are agreed that the speedy trial clock began to run on August 26, 1982, the day after the filing of the indictments in this case, and that by December 6, 1982 — the day appellants moved to dismiss the indictment for violation of the Act — 103 days had passed. By December 14, the trial date, 111 days had passed. It is undisputed that the 30 days between October 7 and November 5 (inclusive) are excludable, and that the 5 days between December 6 and 10 (inclusive) are excludable due to delay resulting from consideration of defendants’ speedy trial motions [see United States v. Bolden, 700 F.2d 102, 103 (2nd Cir.1983) ]. Subtracting these 35 days from the 111-day total gives the result that the December 14 trial date was 76 days from the indictment, 6 days after the speedy trial deadline, unless other time was excludable.

The trial judge determined that the time from November 1, when appellant Patterson renewed a previously withdrawn motion to suppress, until December 14, when the motion was decided, was. excludable by virtue of § 3161(h)(1)(F) which reads:

(h) The following periods of delay shall be excluded ... in computing the time within which the trial of any such offense must commence:
(1) Any period of delay resulting from other proceedings concerning the defendant, including but not limited to—
(F) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion.

Appellants concede that the motion was pending during the period November 1 to[*551] December 14, but contend that, because the trial judge deferred hearing and ruling on the motion until time of trial, no “delay” resulted from the pendency of the motion.

This contention has been rejected in each circuit in which it has been raised. In United States v. Cobb, 697 F.2d 38, 43-46 (2nd Cir.1982), after an exhaustive analysis of the excludable time provisions of the Speedy Trial Act, their purpose and legislative history, the Court concluded, at page 46:

“We reject [an] ... analysis which would require that to be excludable under (F) a particular pretrial motion must have caused an actual delay in the commencement of the trial. We accept, instead, the government’s view that a pretrial motion triggers an automatic exclusion, with the qualification, however, that the amount of time eligible for exclusion may not be extended by postponing the hearing date or other disposition of the motion beyond what is reasonably necessary for processing the motion.”

There is no suggestion here that the hearing date, continued with the consent of all parties, was unreasonably delayed.

The Eleventh and the Eighth Circuits are in accord. [United States v. Stafford, 697 F.2d 1368, 1371 (11th Cir.1983); United States v. Brim, 630 F.2d 1307, 1312-1313 (8th Cir.1980)].

While only Patterson had a motion pending during the critical period, any delay attributable to him is equally attributable to all co-defendants [18 U.S.C. § 3161(h)(7); United States v. Davis, 679 F.2d 845, 849-50 (11th Cir.1982)].

The trial judge correctly decided that the trial commenced within the maximum time allowable under the Speedy Trial Act.

(3) Non-disclosure of Informant File: Appellants Van Brandy and Patterson claim that the government violated their due process rights by not releasing “Brady” evidence favorable to them and material to their guilt or punishment [citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-1197, 10 L.Ed.2d 215 (1963)]. The evidence sought was the FBI’s file on Blevins, an informant, which, it was claimed, “may contain exculpatory facts such as whether the government promised Blevins immunity from future prosecution for his information”. The government gave appellants summaries of the information contained in informant’s file, but appellants claim that even the FBI agent in charge of the summaries admitted these summaries were not complete. Appellants contend that this information was material in that it “might have affected the outcome of the trial” [United States v. Agurs, 427 U.S. 97, 104, 96 S.Ct. 2392, 2398, 49 L.Ed.2d 342 (1976)].

The Brady right to access to evidence, favorable to a defendant, and in the prosecution’s possession, does not extend to an unfettered access to the files. In order to prove a violation of constitutional due process, defendant must make a showing that: (a) the non-disclosed evidence is material, (b) its content is favorable to defendant, and (c) that such exculpatory evidence has not been included in any report provided to the defendant [United States v. Griffin, 659 F.2d 932, 939 (9th Cir.1981)].

Here, appellants’ showing of materiality and favorable content is marginal. Furthermore, the government did disclose to appellants: (a) the prior convictions of informant; (b) payments by the FBI of $4480 to the informant; (c) confessions of the informant to various armed robberies for which he has yet to be tried; (d) grand jury indictments on two counts of armed robbery in Louisiana; and (e) that the government had made no promises to or deals with informant regarding charges in “c” and “d” above. All of this was explored on Blevins’ cross-examination before the court, as were Blevins’ admissions of drug usage and statements about prison terms served for convictions of crimes in “a” above. In light of these disclosures, it cannot be said that the “non-disclosed evidence creates a reasonable doubt that otherwise failed to exist” [Griffin, supra].

[*552] The government, where doubt exists as to the usefulness of evidence, should resolve such doubts in favor of full disclosure [Agurs, supra ], but its failure to do so must raise a reasonable possibility that it materially affected the verdict before it becomes significant [United States v. Goldberg, 582 F.2d 483, 489 (9th Cir.1978)]. This is not here the case. Blevins, the informant, was exhaustively cross-examined; his creditability was thoroughly questioned. Furthermore, the evidence, independent of the informant’s information, was very strong against each defendant.

In the circumstances, the trial court did not err in refusing to compel the production of the entire file relating to the informant.

(4) Inconsistent Verdicts: Appellant Patterson contends that his conviction for aiding and abetting a bank robbery was fatally inconsistent with his simultaneous acquittal for conspiracy to commit bank robbery. This contention is unfounded.

It has long been settled that aiding and abetting on the one hand, and conspiracy on the other, are two separate offenses [United States v. Tierney, 424 F.2d 643, 645 (9th Cir.1970)]. In order to convict a defendant of the former, it is not necessary to find an agreement to do the act [Id. at 646]. It is entirely possible that the jury did not find a level of participation on Patterson’s part sufficient to establish that he agreed to rob the bank. In the cases cited by appellant [e.g., Cosgrove v. United States, 224 F.2d 146 (9th Cir.1954)], the inconsistent conviction was dismissed only because the one crime was impossible without the commission of the other. That is not here the case.

More fundamentally, it is a long established principle of law that mere inconsistency of verdicts does not require reversal unless there is insufficient evidence to sustain the guilty verdict [United States v. Brooklier, 685 F.2d 1208, 1220 (9th Cir. 1982); citing Dunn v. United States, 284 U.S. 390, 393, 52 S.Ct. 189,190, 76 L.Ed. 356 (1932)]. Here, the verdict was amply supported by evidence, as indicated in the discussion under “3” above.

Finally, the most that can be said in cases of inconsistent verdicts is that the jury did not speak its real conclusions, either as to the acquittal or the conviction [Dunn, supra]. Such verdicts may be the result of compassion or, more generally, of the jury selecting the verdict which most closely fits the crime.

The judgments of conviction are affirmed.