United States v. Mel Lambert Velarde

McCONNELL, Circuit Judge.

Mel Velarde, who was convicted of sexually abusing a minor within Indian country, has filed a motion for a new trial under Rule 33(b) of the Federal Rules of Criminal Procedure. He claims that the government violated his rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by suppressing evidence that L.V., the minor victim, falsely accused her school teacher and vice principal of inappropriate touching. Velarde argues that had the government disclosed this evidence, he could have impeached L.V. at trial, and the result of his trial would…