Kohiki

United States v. Kohiki

Good Law
232 F. App'x 694
United States Court of Appeals for the Ninth CircuitMay 16, 2007Nos. 06-50210, 06-50231California472 words

Opinion

Lead Opinion

MEMORANDUM *

The facts and procedural posture of the case are known to the parties, and we do *696 not repeat them here. David Canter (“Canter”) was convicted of mail fraud, in violation of 18 U.S.C. §§ 2 , 1341, and 2326, and Sanae Kohiki (“Kohiki”) was convicted of mail fraud, in violation of 18 U.S.C. §§ 2 and 1341. On appeal, Canter and Kohiki challenge the district court’s denial of their motions for new trials, and, in the alternative, each requests remand to the district court for a further evidentiary hearing.

Canter asserts that the government’s failure to disclose a statement by John Sarabia—allegedly made to the police before Canter’s trial—concerning Canter’s involvement with the fraud violates Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and requires a new trial. Assuming arguendo that the statement was made, we agree with the district court that it was not material under Brady because there is not “a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Kyles v. Whitley, 514 U.S. 419, 433 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (internal quotation marks…

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