Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence

QUESTIONS PRESENTED 1. Whether courts evaluating Brady prejudice are permitted to ignore a jury’s acquittal when evaluating the strength of the prosecution’s evidence. IL. Whether courts must consider all of the evidence—the good and the bad—when evaluating Brady prejudice. Il. Whether the case should be remanded, pursuant to 28 U.S.C. § 2106, for the limited purpose of giving the lower court an opportunity to resentence Mr. Brumfield in light of a recently adopted Guidelines amendment that would result in a lower Guideline range. IV. | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant. i