United States v. Calderon, No. 15-1652 (1st Cir. 2016)
Annotate this CaseAfter a jury trial, Appellant was convicted of making a false declaration before a federal grand jury investigating a money laundering scheme. Appellant filed a motion for a new trial, claiming that newly discovered evidence revealed that the government had improperly withheld impeachment evidence and failed to disclose other information that Appellant claimed tainted his indictment and prosecution. The district court concluded that certain evidence should have been disclosed but that Appellant had not shown a reasonable probability that disclosure of the withheld evidence would have produced a different outcome at trial. The First Circuit affirmed, holding that the district court (1) did not abuse its discretion in finding that it was not reasonably probable that timely disclosure of the withheld evidence would have produced a different result at trial; (2) did not abuse its discretion in rejecting Appellant’s Brady/Giglio claim connected to the other challenged information; and (3) did not err in refusing to order release of a grand jury transcript.
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