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ANDREW LEE THOMAS, JR.,
Petitioner-Appellant,
v.
BRUCE WESTBROOKS, Warden,
Respondent-Appellee.
   No. 15-5399
Appeal from the United States District Court for
the Western District of Tennessee at Memphis.
No. 2:12-cv-02333—Samuel H. Mays, Jr., District Judge.
Argued: November 2, 2016
Decided and Filed: February 24, 2017
Before: MERRITT, SILER, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

MERRITT, Circuit Judge. In this Tennessee death penalty case, Petitioner Andrew Lee Thomas’s primary claim on appeal is that the State violated his rights under Brady v. Maryland, 373 U.S. 83 (1963), when it suppressed evidence that the key witness against him had been paid $750 by the Federal Bureau of Investigation prior to trial. We agree that the prosecutor had a duty to disclose this payment rather than allow the witness to commit perjury by denying its existence, and we REVERSE and REMAND the district court’s denial of the writ.



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ANDREW LEE THOMAS, JR.,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
   No. 15-6200
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
Nos. 2:98-cr-20100; 2:03-cv-02416—Jon Phipps McCalla, District Judge.
Argued: November 2, 2016
Decided and Filed: February 24, 2017
Before: MERRITT, SILER, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

MERRITT, Circuit Judge. Petitioner Andrew Lee Thomas, Jr. appeals the district court’s order denying his habeas corpus petition under 28 U.S.C. § 2255 for relief from his federal court conviction. This case is a companion to Andrew L. Thomas v. Westbrooks, No. 15-5399 (6th Cir. Feb. 24, 2017), which addresses Thomas’s habeas petition for relief from his state court conviction and sentence of death. These cases, while addressing similar facts, are different because the state case arises primarily from a violation of Brady v. Maryland, 373 U.S. 83 (1963). The Brady claim fails in the federal case due to the sequence of the trials. The Brady violation in the state case, that the government did not disclose that witness Angela Jackson had received compensation after her federal testimony, occurred after the conclusion of Thomas’s federal trial. Accordingly we AFFIRM the district court’s denial of the § 2255 motion.