Goodwin

MEMORANDUM *

Michael Goodwin appeals from the denial of his motion for a new trial filed pursuant to Rule 33 of the Federal Rules of Criminal Procedure. He was convicted of one count of conspiracy and 12 counts of bank fraud, in violation of 18 U.S.C. §§ 371 and 1014. He contends that newly discovered evidence establishing his innocence and prejudicial prosecutorial misconduct in referring to Goodwin as a liar compel reversal of the judgment of conviction. He also argues that the district court erred in denying his motion for a new trial based on his contention that the Government failed to disclose exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). We affirm because we conclude that the district court did not abuse its discretion in denying the motion for a new trial based on Goodwin’s failure to exercise due diligence in discovering the alleged significance of evidence in his possession prior to trial. We also conclude that Goodwin has failed to demonstrate that the Government suppressed exculpatory evidence in violation of Brady . We further hold that the alleged prosecutorial misconduct and Jencks Act violation are not…