Decologero v. United States, 802 F.3d 155

Background

In the 1990s the DeCologero crew, led by Paul A. DeCologero, ran a criminal enterprise involved in drugs and guns; members included nephews Paul J. and John Jr. and associates (e.g., DiCenso, Meuse, Capozzi).
In 1996 crew members murdered Aislin Silva; prosecution relied primarily on cooperating witnesses (DiCenso, Regan, John P.) and physical evidence tying Meuse/Capozzi/DiCenso to the disposal of Silva's body.
Paul A. was convicted of directing the murder and related RICO/witness-tampering counts; Paul J. convicted for attempting to overdose Silva (witness-tampering); John Jr. convicted on other counts unrelated to the murder; convictions and sentences were affirmed on direct appeal.
In 2010 defense counsel received two FBI 302 reports summarizing interviews (1999) of Michelle Noe, which attributed involvement in Silva’s killing to Portalla (Vincent Marino/Gigi Portalla), McConnell, and Nogueira.
Appellants filed 28 U.S.C. § 2255 motions arguing the Noe reports were undisclosed Brady material; the district court denied relief (no prosecutorial knowledge; reports not material) and refused an evidentiary hearing; this appeal challenges materiality and the denial of a hearing.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Noe FBI reports were material Brady evidence for Paul A.	Noe reports point to Portalla crew as the true perpetrators and would have fostered third-party guilt theory, undermining confidence in Paul A.'s convictions.	Reports are inadmissible hearsay; overwhelming corroborating evidence ties DeCologero crew to the murder; disclosure would not have produced admissible exculpatory evidence.	Held: Not material; reports are hearsay and would not have created a reasonable probability of a different outcome.
Whether the Noe reports were material Brady evidence for Paul J.	Reports would have supported alternative perpetrator theory and undercut testimony implicating Paul J. in procuring heroin for an overdose.	Reports irrelevant to Paul J.’s distinct conduct (he bought heroin); hearsay; would not have produced admissible evidence to alter verdict.	Held: Not material; disclosure would not have undermined confidence in Paul J.'s convictions.
Whether the Noe reports were material Brady evidence for John Jr.	Reports would have impeached credibility of key witnesses (DiCenso, Regan), thus affecting John Jr.'s convictions.	Reports do not mention or contradict DiCenso/Regan directly; impeachment value limited by corroborating evidence; unrelated counts unaffected.	Held: Not material; reports would not have produced a reasonable probability of different results, particularly on unrelated counts.
Whether the district court abused its discretion by denying an evidentiary hearing	Defense: Court should have held a hearing to develop whether Noe would have testified consistently with reports and whether reports would lead to admissible evidence.	Government: Petitioner failed to make factual showing (e.g., affidavit from Noe) required to justify a hearing; judge who tried the case may rely on trial knowledge.	Held: No abuse of discretion; petitioners bore burden to show need for hearing and offered no evidence that Noe would have testified as reported.

Key Cases Cited

Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose exculpatory evidence)
Kyles v. Whitley, 514 U.S. 419 (1995) (Brady materiality standard: reasonable probability that outcome would differ)
United States v. Bagley, 473 U.S. 667 (1985) (definition of reasonable probability in Brady context)
Strickler v. Greene, 527 U.S. 263 (1999) (Brady materiality and burden elements)
Conley v. United States, 415 F.3d 183 (1st Cir. 2005) (Brady mixed question of law and fact; deference to trial judge)
Moreno–Morales v. United States, 334 F.3d 140 (1st Cir. 2003) (Brady analysis on collateral review)
Ellsworth v. Warden, 333 F.3d 1 (1st Cir. 2003) (undisclosed evidence must be admissible or lead to admissible proof)
Owens v. United States, 483 F.3d 48 (1st Cir. 2007) (standard for § 2255 evidentiary hearings)
United States v. Ranney, 719 F.2d 1183 (1st Cir. 1983) (hearsay FBI reports not material when inadmissible)