United States v. Martin Garcia

MEMORANDUM

Federal prisoner Martin Garcia appeals the district court’s denial of his 28 U.S.C. § 2255 motion challenging his jury conviction and 720-month sentence for multiple counts including conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine; possession of methamphetamine, using or carrying a firearm in furtherance of a drug trafficking crime; and money laundering.

Garcia claims that under Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959), his due process rights were violated at his trial in two respects. First, the Government’s main witness, Gwynne Black, had received use immunity but testified at trial that she could not recall receiving any promises from the Government in exchange for her testimony. The prosecutor failed to correct this falsehood. Garcia also claims the Government violated his due process rights by failing to expose inconsistencies between prior statements given and trial testimony provided by both Black and her mother, Patricia Prem.

Garcia also alleges that his trial counsel rendered ineffective assistance because he failed to impeach Black with the immunity letters…