Richard Bernard Lindhorst, Jr. v. United States

McMILLIAN, Circuit Judge.

Richard Bernard Lindhorst, Jr., appeals from the district court’s 1 denial of his 28 U.S.C. § 2255 motion to vacate sentence following an evidentiary hearing. For reversal appellant argues the district court erred in denying him a new trial on the grounds of (1) the government’s knowing use of the perjured testimony of the DeSherlia brothers, (2) newly discovered evidence that two government witnesses committed perjury, (3) ineffective assistance of counsel, 2 (4) nondisclosure of Brady materials, and (5) incompetence to stand trial. For the reasons discussed below,…