United States v. Cheely
United States v. Cheely
Opinion of the Court
MEMORANDUM
The district court did not abuse its discretion in denying Cheely’s request for an evidentiary hearing on the question of whether the government knowingly used Adams’ perjured testimony during Cheely’s trial.
The district court did not abuse its discretion in denying Cheely’s request for an evidentiary hearing on the question whether the government withheld evidence from Cheely in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The allegations made by Cheely in his request, when viewed against the record, do not state a claim under Brady. The record demonstrated that the allegedly withheld evidence was available to Cheely during discovery, and therefore it was not suppressed by the government. See id. at 87.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We review for abuse of discretion the district court's decision to deny Cheely's request for evidentiary hearings. See United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir. 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.