United States v. Michael Edward Kennedy

Michael Edward Kennedy, a federal prisoner, timely appeals from the denial of a 28 U.S.C. § 2255 motion to vacate his convictions for felony murder and rape. Kennedy contends the district court erred when it held that the government’s failure to disclose a letter containing allegedly exculpatory information did not violate Kennedy’s due process rights. We affirm the district court order.

I

Kennedy was indicted in February 1980 for murder, felony murder, and rape, arising from the 1979 rape and murder of Maria Lopez de Felix. The juries at Kennedy’s first two trials were unable to reach verdicts. Midway through the second trial, the court granted Kennedy’s motion for judgment of acquittal on the murder charge, but denied the motion for the felony murder and rape charges. On December 15, 1980, a third jury found Kennedy guilty of rape and felony murder. The district court sentenced Kennedy to two concurrent life sentences. This court affirmed the convictions. United States v. Kennedy, 714 F.2d 968 (9th Cir.1983), cert. denied, 465 U.S. 1034 , 104 S.Ct. 1305 , 79 L.Ed.2d 704 (1984).

On May 14, 1985, Kennedy filed a 28 U.S.C. § 2255 motion to vacate his convictions on grounds that…