United States v. Mazzarella, No. 12-10171 (9th Cir. 2015)Annotate this Case
After a jury trial, Defendant was convicted of twelve felony counts related to a complex mortgage fraud scheme. Defendant filed two motions for a new trial, arguing that the government violated Brady v. Maryland by withholding material exculpatory evidence and violated her Fourth Amendment right to be free from unreasonable searches. The district court denied the motions, concluding that Defendant’s rights under Brady and the Fourth Amendment had not been violated. A panel of the Ninth Circuit vacated the district court’s orders denying Defendant’s motions for a new trial and remanded, holding that the district court (1) abused its discretion in denying Defendant’s requests for an evidentiary hearing and for discovery; (2) should reconsider Defendant’s Brady claims on an open record, in conjunction with the additional disclosure with which Defendant sought to augment the record on appeal; and (3) erred in concluding that an employee’s copying of documents from Defendant’s real estate and investment offices was not a search implicating the Fourth Amendment.