Court of Appeals for the D.C. Circuit May 31, 1996, 92-3220, 95-3100 (United States v. David W. Smith)

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Contrary to the Government’s suggestion, the panel’s opinion in

United States v. Smith,

77 F.3d 511 (D.C.Cir.1996), does not hold that a court may not consider the weight of the untainted evidence presented at trial when performing a materiality analysis pursuant to

United States v. Bagley,

473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.