Whether the Fourth Circuit erred in finding that the alleged Brady violation was not material

QUESTIONS PRESENTED 1. The Fourth Circuit contends in its decision that the Appellant failed to establish that the alleged Brady violation was material. Is the decision by the Fourth Circuit in direct contravention of Wearry v. Cain, 136 S.Ct. 1002, 1006 — 1007 (2016)? A new trial is warranted for Mr. Chavez who offered a substantial defense in this case. 2. The trial court committed error by refusing to sever Mr. Chavez’s case prior to trial pursuant to his pre-trial severance motion which was later renewed in a post-trial pleading. The Fourth Circuit contends that “efficiency” justified the trial court’s decision. Mr. Chavez was harmed by a large volume of evidence, gruesome in nature, that was unconnected to him and which predated his involvement in the criminal activity alleged against him in the Indictment. Does the decision by the Fourth Circuit conflict with Zafiro v. U.S., 506 U.S. 534, 539 (1993) and U.S. v. McRae, 702 F.3d 806, 822 827 (5th Cir. 2012)? A new trial is warranted for Mr. Chavez who offered a substantial defense in this case.