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United States v. St. Vallier

United States District Court, Third Circuit

October 31, 2013

UNITED STATES, Plaintiff,
v.
TYSHAUN ST. VALLIER, Defendant.

ORDER

SUSAN D. WIGENTON, District Judge.

Before the Court are the following pending motions filed by defendant, Tyshaun St. Vallier ("Defendant") motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 ("Motion for a New Trial") (Dkt. No. 153); a motion to file an amended motion ("Motion to File Amended Motion") (Dkt. No. 154); and motion for release of Brady materials ("Motion for Brady Materials") (Dkt. No. 163).

For the reasons set forth in this Court's Opinion dated October 31, 2013, Defendant's Motion to File an Amended Motion is GRANTED (as filed) and Defendant's Motion for a New Trial and Motion for Brady Materials are DENIED.

SO ORDERED.

OPINION

Before the Court are the following pending motions filed by defendant, Tyshaun St. Vallier ("Defendant" or "St. Vallier"): a motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 ("Motion for a New Trial") (Dkt. No. 153); a motion to file an amended motion ("Motion to File Amended Motion") (Dkt. No. 154); and a motion for release of Brady materials ("Motion for Brady Materials") (Dkt. No. 163).

For the reasons set forth below, this Court will GRANT Defendant's Motion to File an Amended Motion (as filed), but DENY Defendant's Motion for a New Trial and Motion for Brady Materials.

BACKGROUND AND PROCEDURAL HISTORY

On April 27, 2009, a jury convicted Defendant of Counts One and Two of the Superseding Indictment returned against him, finding that Defendant had conspired to import, and did import, over 500 grams of cocaine from Trinidad.[1] ( See Dkt. Nos. 96, 104.) Ezra McCombs ("McCombs") was a purported coconspirator in the matter.

On or about May 18, 2009, Defendant filed a Motion for a New Trial under Federal Rule of Criminal Procedure 33(b)(2) (Dkt. No. 109), which was denied on July 8, 2009. On August 3, 2009, Defendant was sentenced to a total of 204 months incarceration. On April 26, 2011, Defendant was re-sentenced pursuant to a Third Circuit ruling. Upon resentencing, the length of his sentence remained at 204 months.

On May 1, 2012, Defendant filed the instant Motion for a New Trial. (Dkt. No. 153.) On May 14, 2012, Defendant filed the Motion to File Amended Motion. (Dkt. No. 154.) On May 16, 2012, the Government filed opposition to this motion. (Dkt. No. 155.)

On June 4, 2012, Defendant's former attorney, Michael Paul, Esq. ("Paul"), was reappointed. (Dkt. No. 157.) Paul was later provided funds to hire a private investigator. ( See Dkt. No. 179.) On June 25, 2012, Defendant filed the Motion for Brady Materials. (Dkt. No. 163.)[2] While the Motion for Brady Materials remained pending, Defendant then requested that Paul be relieved of his appointment so that Defendant could proceed pro se. (Dkt. No. 171.) On October 16, 2012, the Court granted Defendant's request to release counsel. (Dkt. No. 172.) On July 17, 2012, the Government filed additional correspondence regarding Defendant's motions. (Dkt. No. 166.)

Defendant claims he is entitled to a new trial on five separate bases relating to what he claims is newly discovered evidence that the U.S. Attorney's Office suppressed. Additionally, Defendant claims that a witness, McCombs, who testified on behalf of the prosecution perjured himself at trial.

On January 15, 2013, Defendant also filed an Application/Petition for investigative services. (Dkt. No. 178.) On February 2, 2013, an order denying Defendant's Application/Petition for Investigative Services was issued: CJA 18:U.S.C.S. 3006A. (Dkt. No. 179.) On October 3, 2013, Defendant filed a ...


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