United States v. McCurdy
828 F. Supp. 2d 335
D. Me.2011Background
- McCurdy was convicted of being a felon in possession of a firearm after a three-day trial in December 2009.
- McCurdy previously withdrew a guilty plea following discovery of potential Armed Career Criminal status, leading to a 2008 court ruling and withdrawal of the plea.
- McCurdy moved for a new trial based on purported newly discovered evidence—a Florida recording allegedly showing perjury by government witness Cheney.
- McCurdy also moved for discovery and for production of Jencks Act materials and related documents tied to electronic surveillance and grand jury proceedings.
- The court held hearings on the new-trial motion, but ultimately found the Florida recording to be cumulative/impeaching and not a basis for a new trial under Wright/Kyles standards.
- The court denied all three additional motions for discovery, surveillance materials, and Jencks Act documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Wright/Kyles standard applies to newly discovered evidence claims | McCurdy argues perjury evidence requires the Wright/Kyles standard. | Govt. contends standard Wright remains applicable, with Kyles only for colorable perjury claims. | Wright/Kyles standard applied; evidence failed. |
| Whether the Florida recording constitutes newly discovered evidence justifying a new trial | McCurdy contends Florida call proves perjury and undermines verdict. | Govt. asserts Florida recording is known/impeaching and was available; insufficient to cause acquittal. | Not sufficient to create probable acquittal; evidence is cumulative/impeaching. |
| Whether McCurdy exercised due diligence and trial strategy barred relief | McCurdy lacked access but diligence would uncover the Florida recording. | McCurdy failed to show diligent search and trial strategy favored not pursuing the recording. | McCurdy did not meet due diligence or non-strategic discovery requirements. |
| Whether discovery of surveillance/electronic monitoring materials was required | McCurdy seeks recordings and surveillance materials related to bail monitoring. | Recordings did not exist; materials outside government control not required. | Denied; recordings not in govt control; materials not compelled. |
| Whether Jencks Act material must be produced for Cheney's grand jury testimony | McCurdy requests Cheney’s grand jury statements and related Jencks materials. | Govt. already produced Jencks materials; McCurdy failed to show missing material. | Jencks Act production satisfied; motion denied. |
Key Cases Cited
- United States v. Maldonado-Rivera, 489 F.3d 60 (1st Cir. 2007) (four-prong Wright test for new-trial based on newly discovered evidence)
- United States v. Sepulveda, 15 F.3d 1216 (1st Cir. 1993) (evidence must create probability of acquittal on retrial (clarifying prong))
- United States v. Wright, 625 F.2d 1017 (1st Cir. 1980) ( Wright test components for Rule 33 new-trial motions)
- United States v. González-González, 258 F.3d 16 (1st Cir. 2001) (knowing use of perjured testimony treated like Brady violation)
- United States v. DeLuca, 137 F.3d 24 (1st Cir. 1998) (newly discovered evidence context; defendant’s prior familiarity matters)
- Barrett v. United States, 965 F.2d 1184 (1st Cir. 1992) (impeaching evidence generally not sufficient for materiality)
- United States v. Bender, 304 F.3d 161 (1st Cir. 2002) ( Brady considerations and disclosure limitations)