United States v. Michael Rudy Tham

Michael Rudy Tham appeals from adverse decisions in two proceedings that have been consolidated for appeal. No. 88-1396 is an appeal from the district court’s order revoking Tham’s probation and sentencing him to five years’ imprisonment. No. 88-01445 is an appeal from the district court’s dismissal of Tham’s petition for habeas relief under § 2255. We affirm in both cases.

BACKGROUND AND PROCEEDINGS BELOW

Tham was indicted for embezzlement of union funds and falsification of union records. He had been the Secretary-Treasurer of Local 856 of the International Brotherhood of Teamsters. Before trial, Tham’s attorney filed a discovery motion for disclosure of material required to be produced under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Tham was convicted in a jury trial and sentenced to six months’ imprisonment and four years of probation, to begin after his release from prison. He was ordered to repay to the union the sum of $2,005.04, and was fined $50,000. He was also barred from holding any union office for five years. His conviction was subsequently affirmed by this court. United States v. Tham, 665 F.2d 855 (9th Cir.1981), cert. denied, 456…