Moreno-Morales v. United States

TORRUELLA, Circuit Judge.

Rafael Moreno Morales petitions to vacate his sentence or set aside his judgment of conviction pursuant to 28 U.S.C. § 2255 (2003) because of newly discovered evidence and Brady violations. The district court adopted the magistrate judge’s report and recommendation and dismissed the petition without an evidentiary hearing. After careful review, we affirm.

I. Facts

A. Cerro Maravilla

We recount only the basic facts of the infamous events at Cerro Maravilla. A more detailed account can be found in the majority and minority opinions of United States v. Moreno Morales, 815…