Can a motion for a new trial be denied if the government fails to disclose any of the impeachment evidence set out in support of the motion?

MultiRegion, United States of America

The following excerpt is from USA v. Holmes, 229 F.3d 782 (9th Cir. 2000):

The district court denied the new trial motion, concluding that, even if the government had failed to disclose any of the impeachment evidence set forth in support of the motion, there was not a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. See United States v. Walgren, 885 F.2d 1417, 1427-28 (9th Cir. 1989); see also United States v. Davis, 960 F.2d 820, 825 (9th Cir. 1992). INFORMANT CREDIBILITY JURY INSTRUCTION

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