Abbott v. United States of America

Argued October 6, 1999--Decided October 29, 1999 Frank Edward Abbott appeals the denial of his 28 U.S.C. sec. 2255 motion, in which Abbott claimed that he was denied a fair trial in violation of his due process rights when the government failed to disclose that two of its key witnesses received promises of leniency in exchange for testifying against Abbott. After conducting an evidentiary hearing, the district court concluded that Abbott had failed to demonstrate the existence of any undisclosed agreements. We affirm. Abbott became the subject of a federal investigation after Michael Jenkins revealed to authorities that Abbott was dealing in methamphetamine and marijuana. When Jenkins provided this information to authorities, he was on probation from a 1992 state conviction for aggravated bat tery. On December 21, 1992, authorities sent Jenkins to Abbott's residence to buy drugs. Others including Frank Strong were present at Abbott's residence while Jenkins was there purchasing methamphetamine. The next day, ATF Agent Paul Vido obtained a search warrant for Abbott's residence and, during the search, uncovered drug records, drug paraphernalia, cash, methamphetamine and marijuana, a scale, and a holstered pistol and ammunition.