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Parness v. United States

January 18, 1979

MILTON PARNESS, APPELLANT
v.
UNITED STATES OF AMERICA, APPELLEE



PRESENT: HON. STERRY R. WATERMAN, HON. MURRAY I. GURFEIN , HON. ELLSWORTH A. VAN GRAAFEILAN, Circuit Judges.

Milton Parness appeals from District Judge Bonsal's denial of Parness's motion to vacate sentence under 28 U.S.C. § 2255. Finding no merit in appellant's claims, we affirm.

Appellant contends that he was denied a fair trial because the Government failed to turn over certain allegedly exculpatory documents that were in its files. The district court found that appellant had not proven this to be so. The district court found in addition that the documents in question were discussed in certain tapes that admittedly were in appellant's possession prior to trial. The district court's findings were not clearly erroneous and will not be set aside by this Court.

The posture of the case, then, is that appellant is seeking a new trial on a section 2255 motion based upon the argument that documents he either had or knew about at the time of trial establish his innocence. Those documents, which in this case could not even qualify as newly discovered evidence, will not furnish a basis for appellant's habeas corpus application.

We see no merit i appellant's argument concerning the Government's failure to disclose its occasional misgivings concerning the witness Goberman's veracity and its failure to give the witness a lie detector test. When the Government determined that Goberman was untruthful as to any matter, it informed defense counsel.

The order appealed from is AFFIRMED.

19790118

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