United States v. Eve Mazzarella

Eve' Mazzarella was convicted of twelve felony counts related to a complex mortgage fraud scheme. After "her conviction, Mazzarella filed two motions for a new trial, contending that the government had withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and had violated her right to be free from unreasonable searches under the Fourth Amendment. Mazzarella requested discovery and an evidentiary hearing on these issues. The district court denied both motions, and Mazzarella’s appeal from those orders is before us. We have jurisdiction under 28 U.S.C. § 1291 . We hold that based on the record before the district court, the court erred in concluding that Mazzarella’s rights under Brady and the Fourth Amendment had not been violated. We also hold that the district court abused its discretion in denying Mazzarella’s request for an evidentiary hearing and for discovery. We vacate the district court’s orders and remand.

I

Mazzarella, a real estate agent and principal of Distinctive Real Estate & Investments (“DREI”), was accused of conspiring with Steven Grimm, Melissa Beecroft, and others to defraud…