Leichner

United States v. Leichner

Good Law
181 F. App'x 634
United States Court of Appeals for the Ninth CircuitMay 17, 2006Nos. 05-50164, 05-50516California688 words

Opinion

Lead Opinion

*635 MEMORANDUM **

Moshe Leichner pleaded guilty to two counts of wire fraud, one count of transactional money laundering, and one count of civil forfeiture. Leichner now asserts the following six bases for appeal.

First, Leichner argues his plea was involuntary because the government failed to turn over potentially exculpatory materials under Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), materials prior to his plea allocution. See Sanchez v. United States, 50 F.3d 1448, 1453 (9th Cir.1995). Yet Leichner had the opportunity to inspect discovery before his plea hearing but still failed to produce, or identify, any specific Brady evidence that would have called into question the voluntariness of his plea.

Second, Leichner argues the government failed to make his business records available for inspection before his sentencing hearing and, as a result, he could not adequately contest the government’s loss amount calculation and the number of victims it alleged were defrauded. Leichner also contends the government lost approximately sixty-five boxes of documents. Once again, however, the record reveals that defense counsel had access to, and inspected,…

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