Ellis E. Neder, Jr. - Page 8

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               Petitioner filed with the District Court a motion for new              
          trial on the ground that the Government had improperly failed to            
          disclose certain exculpatory evidence and improperly used false             
          testimony of petitioner’s attorney.  The District Court denied              
          petitioner’s motion.  The Court of Appeals affirmed the District            
          Court’s ruling.                                                             
               In December 2001, petitioner filed with the District Court a           
          motion to vacate, set aside, or correct his sentence and judgment           
          of conviction.  Petitioner alleged in the motion that he was a              
          victim of prosecutorial misconduct because the Government had               
          failed to disclose material, exculpatory evidence, including                
          evidence that his attorney had contracted to buy a condominium at           
          one of petitioner’s developments and that petitioner had provided           
          the deposit.  The District Court denied petitioner’s motion.  The           
          Court of Appeals affirmed the District Court’s ruling.                      
          Petitioner filed a petition for writ of certiorari, which was               
          denied.  The judgment of conviction entered against petitioner is           
          final.                                                                      
                                       OPINION                                        
          A.   Whether Collateral Estoppel Applies, and If So, to What                
               Extent                                                                 
               1. Background                                                          
               The parties dispute whether petitioner is collaterally                 
          estopped by his criminal convictions from denying certain facts.            







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