David Joseph Brown v. United States

9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Joseph BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 91-16732. United States Court of Appeals, Ninth Circuit. Submitted Sept. 24, 1993. * Decided Nov. 4, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 David Joseph Brown appeals pro se from the district court's denial of his motion filed under 28 U.S.C. § 2255 , arguing that he was denied the effective assistance of counsel when his attorney failed to introduce exculpatory evidence at trial, and that the prosecution withheld exculpatory material in violation of Brady v. Maryland, 373 U.S. 83 (1963). We review the district court's ruling de novo while examining for clear error its determination of the underlying facts, see United States v. Roberts, No. 92-16660, slip op. 9967, 9971 (9th Cir. Sept. 16, 1993), and we affirm. 3 Brown first argues that he was deprived of a fair trial when…