United States v. Michael Licciardi

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael LICCIARDI, Defendant-Appellant. No. 95-10409. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 16, 1996. Decided Sept. 16, 1996. Before: NORRIS, T.G. NELSON, and TASHIMA, Circuit Judges. 1 MEMORANDUM * 2 Licciardi seeks a new trial based on the government's failure to disclose alleged exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). We affirm the district court's denial of Licciardi's motion. 3 The denial of a new trial based on a Brady violation is reviewed de novo. United States v. Zuno-Acre, 44 F.3d 1420, 1425 (9th Cir.1995), cert. denied, 116 S.Ct. 383 (1995). 4 Licciardi was convicted of conspiracy to defraud the Delicato winery by selling Delicato inferior varieties of grapes, which it misrepresented as the more expensive Zinfandel variety. On appeal from the denial of his motion for a new trial,…