James v. United States

OPINION & ORDER

DORA L. IRIZARRY, District Judge:

Petitioner Ethon James filed a motion under Fed.R.Civ.P. 60(b) to set aside the denial of his habeas petition on two grounds. First, he claims that the denial “violates” the Supreme Court’s decision in Massaro v. United States, 538 U.S. 500, 123 S.Ct. 1690, 155 L.Ed.2d 714 (2003). Second, he argues that the government violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to disclose the fact that two witnesses who testified against him were released less than a year after his trial. Based on the releases of…