United States First Circuit

Conviction for possession of a firearm by a felon is affirmed where the court properly denied defendant's motion for a new trial since: 1) there was no Brady violation; and 2) there was no abuse of discretion in the district court's conclusion that the new evidence was available to the defendant at the time of trial and that, in the exercise of ordinary diligence, he would have discovered them.

Appellate Information

• Decided 06/04/2007
• Published 06/04/2007

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Victor González-Bothwell, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief, for appellant.


• For Appellees:
  
• Lynn M. Doble-Salicrup, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), and Thomas F. Klumper, Assistant United States Attorney, were on brief, for appellee.