United States First Circuit

District court's denial of defendant's motion for a new trial is affirmed where: 1) the defendant did not meet his burden of proving that the newly discovered evidence met the requirements for warranting a new trial; and 2) the court properly rejected defendant's claim that the government violated Brady by failing to disclose evidence, as defendant cannot show a reasonable probability that this evidence would have changed the outcome of the trial.

Appellate Information

• Decided 05/12/2009
• Published 05/12/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lorenzo J. Palomares and Lorenzo Palomares, P.S.C. on brief for appellant.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant United States Attorney, Germán A. Rieckehoff, Assistant United States Attorney, and Rosa Emilia Rodríguez-Vélez, United States Attorney, on brief for appellee.