United States v. Artem B. David

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Artem B. DAVID, Defendant-Appellant. No. 95-10137. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Artem B. David appeals pro se the district court's denial of his Fed.R.Crim.P. 33 motion for a new trial on the basis of "newly discovered" evidence and Brady violations. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for an abuse of discretion, United States v. Kulczyk, 931 F.2d 542, 548 (9th Cir.1991), and we reverse and remand. 3 On May 15, 1991, a jury convicted David of operating a continuing criminal enterprise, in violation of 21 U.S.C. Sec. 848 . On September 12, 1991, David was sentenced to life imprisonment. Prior to trial, the Assistant United States Attorney ("AUSA") agreed to disclose any evidence favorable to David…