UNITED STATES OF AMERICA

ANGELA SMITH

BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR DISCOVERY

Defendant, Angela Smith, hereby submits this brief in support of her motion for discovery of the marked money allegedly transferred from undercover officer Brown to the defendant during a drug transaction.

1. Fed. R. Crim. P. 16 states that upon request "the government shall permit the defendant to inspect ... books, papers, documents, photographs, tangible objects ... which are within the possession, custody or control of the government..." If marked money was used in this case as the government alleges, it is a tangible object that the defendant is entitled to inspect.

2. Another requirement of Fed. R. Crim P. 16 is that the discoverable object be material to the defendant’s defense or intended for use by the government in its case in chief at trial. Although the government does not intend to use the marked money in its case in chief at trial, the money is material to defendant’s defense. Indeed, the money may even constitute Brady material under certain circumstances, as this circuit held recently in Boozer v. United States, 533 F.3d