United States v. Angelo Gomez

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Angelo GOMEZ, Defendant-Appellant. No. 86-5094. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 22, 1992. Before CHAMBERS, SNEED and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Angelo Gomez appeals from the district court's denial of his motion for a new trial and from the final judgment of conviction on the grounds that the government committed a Brady violation by withholding evidence beneficial to the defendant when the goverment failed to call a witness at trial. Gomez was convicted by a jury for conspiring to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a) and 846. 3 Gomez contends that his due process rights were violated because the government failed to call David Hullett as a witness. Gomez claims that Hullett's testimony would have discredited the testimony of the…