Tooby's California Post-Conviction Relief for Immigrants

(E)

Withholding of Exculpatory Evidence.  The due process clause of the United States Constitution imposes a duty on the prosecution to disclose to the defense upon request any information favorable to the accused that is within the prosecutor’s possession and is material to the defendant’s guilt or to the appropriate punishment at sentencing.  The rule of Brady v. Maryland[172] applies equally to sentencing.  The prosecution has a duty to disclose favorable sentencing information so that the sentence is not based on a mistake of fact or faulty information.[173]

[172] Brady v Maryland, 373 U.S. 83 (1963).

[173] See, e.g. United States v. Pfingst, 477 F.3d 177, 191 (2d Cir. 1973).