United States v. Avedis Djeredjian

MEMORANDUM

Avedis Djeredjian (“Defendant”) appeals his convictions for conspiring to violate the Contraband Cigarette Trafficking Act (“CCTA”), 18 U.S.C. § 2342 , and for structuring currency transactions to avoid reporting requirements in violation of 31 U.S.C. § 5324 . Defendant complains that the district court improperly: (1) denied his two motions for new trial, which claimed that the Government knowingly used perjured testimony in violation of Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959), and suppressed favorable evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963); and (2) denied his motion to suppress evidence purportedly seized outside the scope of a warrant. Defendant further contends that his CCTA conviction violates the Tenth Amendment because the CCTA attempts to criminalize the failure to pay state excise taxes, and the Government has no constitutional authority to enforce state tax law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. “We review for abuse of discretion a district court’s denial of a motion for new trial.” United States v. Moses, 496 F.3d 984, 987 (9th…