1) BRADY VIOLATIONS - "CATCH ME IF YOU CAN" - When, in direct violation of the
district court's specific discovery order, the Government fails to turn over Brady evidence
(which, by definition, was unknown to the defense pretrial), and the defense discoveries such
evidence after the trial and files a new trial motion within 3 years since the trial, isn't such a
motion timely under Fed. R. Crim R 33(b)(1), and wouldn't any conclusion to the contrary
produce "catch me if you can " situation, clearly violating the Constitution 's Due Process clause?

2) TRIAL PERJURIES - "CATCH ME IF YOU CAN 2.0" - When the defense finds new
evidence of substantial trial perjuries, known to, or even solicited by, the Government, and files a
new trial motion under Fed. R. Crim. P. 33, in judging the materiality of perjuries, shouldn't the
court apply Kyles v. Whitley's "reasonable probability standard" instead of "probably produce an
acquittal" standard applicable to typical newly discovered evidence Rule 33 situations?

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