Fernandez v. United States · ¶1

Joe Fernandez was indicted in 2013 for his role in the assassination of two gang members. The prosecution's theory was that members of a drug ring had paid Fernandez to act as the backup shooter, and when the primary shooter's gun jammed, Fernandez fred 14 rounds and killed both victims. Fernandez's alleged co-conspirator, Patrick Darge, testified against Fernandez at trial. The jury convicted Fernandez of murder for hire and a frearms offense, and the District Court imposed two consecutive life sentences. Fernandez pursued multiple avenues of relief. He first asked the District Court to reconsider, alleging Brady violations related to the Government's failure to disclose that another alleged co-conspirator, Luis Rivera, had denied driving the getaway car. The District Court reviewed the Government's notes from interviewing Rivera and concluded that they did not contain relevant…

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