FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Aida M. Delgado-Colón, U.S. District
J. Vila for appellant.
John-Alex Romano, Criminal Division, Appellate Section, U.S.
Department of Justice, with whom Rosa Emilia
Rodríguez-Vélez, United States Attorney, Nelson
Pérez-Sosa, Chief, Appellate Division, United States
Attorney's Office, Leslie R. Caldwell, Assistant Attorney
General, Sung-Hee Suh, Deputy Assistant Attorney General, and
Robert A. Parker, Criminal Division, Appellate Section, U.S.
Department of Justice, were on brief, for appellee.
Lynch, Selya, and Lipez, Circuit Judges.
Manuel Calderón, convicted for making a false
statement to a federal grand jury investigating a money
laundering scheme, argues that the district court abused its
discretion in refusing to grant him a new trial based on the
government's now-acknowledged improper withholding of
impeachment evidence and its failure to disclose other
information that Calderón claims tainted his
indictment and prosecution. He also challenges the
court's refusal to order release of a grand jury
transcript. Finding his claims unavailing, we affirm.
facts underlying this appeal, as the jury could have found
them, are as follows. Appellant Calderón was a sales
representative and manager of two related businesses in
Florida that law enforcement authorities targeted in an
investigation into money laundering. The businesses, GSM City
and GSM City Supercenter ("Supercenter"), were
wholesalers of cellular phones and cellphone accessories. GSM
City was established first, and its employees, including
Calderón, transferred to Supercenter when it
subsequently was opened by the same owners in a nearby
location. In effect, the business that previously had been
known as GSM City became Supercenter.
2010, undercover officers working for the United States Drug
Enforcement Administration ("DEA") went to GSM City
on multiple occasions and gave large amounts of cash to
Calderón. Each time, Calderón would take the
cash and count it, and the officers would then leave without
receiving any merchandise. Two DEA officers, Steve
Díaz and Peter Guevara, participated in a combined
total of five such transactions between March and November
also engaged an employee of GSM City, Angel Delguercio, as a
confidential informant. Delguercio testified that it was
"common practice" for GSM City customers to come
into the store with $5, 000 to $80, 000 in cash, which
Calderón would count with a machine or by hand.
Delguercio testified that those transactions occurred weekly.
He also reported that it was similarly common for employees
at Supercenter to receive cash payments from customers.
During his direct examination, Delguercio testified that he
saw Calderón counting cash at Supercenter weekly.
However, he changed his account during questioning in
cross-examination and on redirect, stating that he had not
seen -- or did not remember seeing -- Calderón himself
receive or count the cash payments received at that store,
although "it was a big chance, a possibility."
2012, Calderón appeared before a federal grand jury in
Puerto Rico investigating the money laundering scheme. During
his testimony, in which he initially explained how GSM City
operated, Calderón answered the questions posed to him
Q. [A]nd that is how GSM City worked?
Q. [W]hen you were working there?
Q. [S]o a customer would call in and say, I want to buy a
Q. [A]nd you would give them 30 days to pay?
A. 30 days to pay or if the customer in less than 30 days
they would need more merchandise and let's say they
already have their limit already filled up, then they had to
pay what they owe in order to take the new order.
Q. [O]kay. So you would receive wires only from customers
that had gone through that process?
A. [Y]es, or they were registered with the company already.
Q. [O]kay, and what would happen if the company received
payment from another source that is not registered, is it
accepted or what would happen?
A. [N]o, it would not be accepted.
A. [N]o, we always dealt with the customer that wire us when
we were working with them. Who ever wanted to buy from us
they had to register as a company.
Q. [A]s far as you understand that is how GSM City operated?
A. [S]upposedly, ...