United States v. Maldonado

• Court: Court of Appeals for the Tenth Circuit
• Decided: July 9, 2025
• Docket: 23-6207
• Status: Unpublished

Opinion

Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT July 9, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-6207 (D.C. No. 5:18-CR-00227-SLP-1) JOSEPH ALLEN MALDONADO, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before TYMKOVICH, BALDOCK, and EID, Circuit Judges. _________________________________

This case is the fourth installment in a series of appeals involving Joseph

Maldonado––also known as “Joe Exotic” or the “Tiger King.” Among other things,

Maldonado was convicted of two counts related to a murder-for-hire plot in which he

attempted to hire two hitmen to kill his rival, Carole Baskin, and five counts of

violating the Endangered Species Act for killing five of his own tigers. Following

his convictions, Maldonado filed a motion for a new trial based on newly discovered

* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 2

evidence purportedly showing that multiple witnesses recanted their trial testimony

and that the government unlawfully concealed evidence related to witness immunity

agreements and the tigers’ health.

The district court denied Maldonado’s motion, and this appeal followed. We

hold that Maldonado has waived several of his arguments on appeal—specifically,

Maldonado has waived his arguments that the district court applied the wrong

standard to his motion and improperly disregarded some of his arguments as being

overly conclusory, and that new evidence would support an entrapment defense. We

also hold that the district court did not abuse its discretion or otherwise err by

denying Maldonado’s motion for a new trial. Accordingly, we affirm.

I.

Joseph Maldonado rose to fame through his central role in the drama-

documentary Tiger King: Murder, Mayhem and Madness, a Netflix series that

chronicled Maldonado’s experiences as a private zookeeper and tiger owner. See

United States v. Maldonado-Passage, 56 F.4th 830, 836 (10th Cir. 2022).

Maldonado––the so-called “Tiger King,” who also goes by “Joe Exotic”—opened an

exotic-animal zoo in Wynnewood, Oklahoma, which he owned and operated for

decades. As his moniker would suggest, Maldonado eventually became known for

owning and exhibiting big cats––tigers, mainly, in addition to lions and cross-bred

hybrids.

Maldonado has been embroiled in a bitter, years-long feud with Carole Baskin,

an animal-rights activist who is outspoken “against the abuse of big cats in

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captivity.” Aple. App’x Vol. II at 5. As Maldonado’s exotic-animal zoo rose to local

fame, Baskin began to publicly condemn his practices, which she viewed as animal

exploitation. Baskin contacted malls where Maldonado was scheduled to perform

road shows with his tiger cubs, trying to dissuade the malls from hosting him; when

Maldonado did perform, Baskin and her supporters would attend in protest. Baskin

also publicly identified Maldonado on her advocacy website as someone she believed

was exploiting animals.

Eventually, Maldonado responded by renaming his road shows so as to mimic

Baskin’s own organization name. Baskin then successfully sued Maldonado for

copyright and trademark infringement, obtaining a $1 million judgment against him.

That judgment drove Maldonado into bankruptcy, and so he transferred ownership of

his zoo to Jeff Lowe––another locally famous owner and purveyor of tigers––who

left Maldonado in charge of the zoo’s day-to-day operations.

From there, the rivalry between Maldonado and Baskin escalated quickly.

Irate at what he perceived as an attempt to drive him out of business, Maldonado

began telling zoo employees that he would like to see Baskin dead. He spoke daily

about wanting to have Baskin murdered, and he repeatedly tried to recruit people to

kill her. Eventually, Maldonado found a potential hitman: zoo employee Allen

Glover.

According to Glover, Maldonado first spoke with him about a potential

murder-for-hire plot around October 2017. Maldonado offered to pay Glover $5,000

if he would kill Baskin, and the two men continually discussed different ways it

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could be done. About a month later, in early November 2017, Maldonado arranged

for Glover to travel to Texas to get a fake ID so that Glover could travel to Florida,

where Baskin lived, without revealing his identity. Maldonado asked another man,

John Finlay, to accompany Glover, paying Finlay for the cost of the gas to get to

Texas and for the cost of the fake ID.

Before Glover left for Florida, Maldonado gave him an envelope stuffed with

cash as his payment. Maldonado also took Glover’s phone and shipped it overnight

to Las Vegas, where Lowe received the phone and used it occasionally so that the

phone’s location would register there and cover up Glover’s true location.

Meanwhile, Maldonado had Glover buy a throwaway (or “burner”) phone, which

contained pictures of Baskin so that Glover “wouldn’t kill the wrong person.” Id.

at 97–98.

For nearly two weeks, Glover delayed going to Florida. Eventually, though,

he flew from Oklahoma to Savannah, Georgia, intending to stop in South Carolina

before going to Florida to kill Baskin. Glover traveled to Florida a few weeks later,

but he never followed through on the murder plan—instead, he wound up on a beach

drunk and high, having spent all of the money Maldonado had paid him, and he then

went back to South Carolina.

Left without a hitman, Maldonado started looking elsewhere. Maldonado

discussed his options with his friend and fellow tiger owner, James Garretson––who,

by that point, had long been involved in Maldonado’s conversations about killing

Baskin. In fact, around the time that Maldonado first hired Glover as his original

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hitman, Maldonado spoke with Garretson about his plans to have Baskin killed. And

in the months following, Maldonado continued to tell Garretson about the murder-

for-hire plot, divulging to Garretson the details of his plans with Glover and,

eventually, his need for a new hitman.

Unbeknownst to Maldonado, however, Garretson had become a government

informant. Months earlier—after Maldonado first shared with Garretson his detailed

plans to have Baskin killed—Garretson received a call from Agent Matthew Bryant,

who worked for the U.S. Fish & Wildlife Service. In September 2017, Garretson met

with Agent Bryant, admitted that he had heard Maldonado discuss plans to hire a

hitman to kill Baskin, and agreed to become an informant in the government’s

investigation of Maldonado. Garretson agreed to record phone calls and in-person

conversations with Maldonado, as well as conversations with Lowe, Glover, and

“anybody else [he] encountered [who] seemed to have knowledge” about

Maldonado’s plot. Id. at 45–56. Garretson turned over these phone calls, along with

several text messages, to the government.

For months, Garretson recorded conversations in which Maldonado explicitly

described his desire to kill Baskin and the plans he was putting in place to do so.

After Maldonado hired Glover as his hitman, Garretson also recorded conversations

with Glover, in which Garretson asked Glover about his plans to carry out the

murder. During those conversations, Glover repeatedly insisted that he was actually

going to kill Baskin—although Glover later claimed he never intended to actually

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follow through with the plan but wanted to convince Garretson otherwise so that

Garretson would not take his place and take the money.

Eventually, when Glover delayed going to Florida, Garretson thought the

murder-for-hire plot had been called off. Knowing that Maldonado viewed Glover as

untrustworthy, Garretson began suggesting to Maldonado––at the government’s

direction––that Maldonado hire another hitman, whom Garretson had mentioned

before as someone he knew. Maldonado expressed interest, asking “[h]ow much that

dude [would] cost” and offering to give Garretson cash to pay his hitman. Aple.

App’x Vol. I at 150–52.

That other hitman, it turned out, was an undercover FBI agent, referred to at

trial as Special Agent Mark Williams. In December 2017, once Glover had

abandoned his plans to kill Baskin, Garretson arranged for Maldonado to meet with

Special Agent Williams as a new potential hitman. Maldonado gave Special Agent

Williams several documents related to Baskin, which he claimed to have stolen from

Baskin’s office. Maldonado and Special Agent Williams concocted a plan for him to

kill Baskin by following her into a parking lot, shooting her, and driving off.

Throughout the following months, Garretson continued recording

conversations with Maldonado in which they discussed the plan to use Special Agent

Williams as a hitman. Maldonado expressed some reservations, asking Garretson if

they could trust Special Agent Williams.

Then, around March 2018, Maldonado cut off communication with Garretson.

Garretson testified that he did not know why Maldonado stopped talking with him,

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but that it was around the same time that Lowe had come back to Oklahoma from Las

Vegas. Garretson then had a conversation with Lowe that led him to believe Lowe

knew about Glover’s involvement in the murder-for-hire plot. Garretson relayed that

information to Agent Bryant and coordinated a meeting between him, Lowe, and

Lowe’s wife, Lauren, where the Lowes handed over Glover’s personal phone that had

been mailed to them in Las Vegas. After that, Garretson’s involvement in the

investigation ended.

In September 2018, a grand jury in the Western District of Oklahoma returned

an indictment that charged Maldonado with two counts of using a facility of

interstate commerce in the commission of a murder-for-hire plot, in violation of

18 U.S.C. § 1958(a). The two counts arose out of the two separate plots involving

Glover and Special Agent Williams.

Months later, the grand jury returned a superseding indictment, adding several

charges. As relevant here, Maldonado was charged with five additional counts for

violations of the Endangered Species Act, 16 U.S.C. § 1538(a)(1)(F), based on

Maldonado’s shooting and killing of five tigers. Specifically, as Maldonado later

testified, he decided to kill several tigers at his zoo one day after coming to realize he

had “all these crippled animals” that he was “making suffer to be on display to suck

donations out of people.” Supp. Aple. App’x at 110–11. Maldonado therefore shot

the five tigers, believing that doing so was better than following the euthanasia

protocol he had established with his park veterinarian because it was cheaper and

faster.

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After trial, a jury convicted Maldonado on all counts. Maldonado was

sentenced to 264 months’ imprisonment; he later successfully appealed that sentence

in this Court,1 was then resentenced to 252 months’ imprisonment, and

unsuccessfully appealed that resentencing.2 Two years after his conviction, and

while his second appeal was pending, Maldonado filed a motion for a new trial.3 In

part, Maldonado’s motion sought a new trial as to the two counts involving the

murder-for-hire plot based on purportedly new evidence, which allegedly indicated

that several witnesses—Glover, Garretson, and Jeff and Lauren Lowe—had lied

during their trial testimony, recanted their testimony, or received offers of immunity

in exchange for their testimony against Maldonado. Maldonado also sought a new

trial as to the five counts related to the killing of his tigers, relying on evidence that

Maldonado claims was uncovered after trial and that allegedly proved the tigers were

ill at the time he killed them.

The district court denied Maldonado’s motion. In its reasoning, the district

court concluded that Maldonado’s purportedly new evidence was insufficient to

satisfy the requirements for a new trial, especially because the other evidence at

1 See United States v. Maldonado-Passage, 4 F.4th 1097 (10th Cir. 2021). 2 See United States v. Maldonado-Passage, 56 F.4th 830 (10th Cir. 2022). 3 In the meantime, Maldonado also filed a third appeal in this Court, which entailed a habeas corpus proceeding challenging the denial of a motion Maldonado filed pursuant to 28 U.S.C. § 2255. See United States v. Maldonado, 2024 WL 5244829 (10th Cir. Dec. 30, 2024). The panel in that case denied a certificate of appealability and dismissed the matter. Id. at *5. 8 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 9

trial—including Maldonado’s own testimony—provided “strong, credible evidence”

of his guilt. Aplt. App’x at 240.

Maldonado appealed, arguing that the district court committed a number of

errors in denying his motion for a new trial. Specifically, Maldonado argues that the

district court (1) applied the wrong legal standard; (2) improperly disregarded some

of his arguments as being overly conclusory; (3) improperly refused to hold an

evidentiary hearing regarding the witnesses who allegedly lied during their

testimony; (4) improperly denied his motion with respect to the counts involving the

death of the tigers; (5) improperly rejected Maldonado’s claims that the government

failed to disclose immunity agreements with witnesses in violation of Brady v.

Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972); and

(6) should have granted a new trial based on a putative entrapment defense. We

address each set of claims in turn.

II.

Before turning to the substance of Maldonado’s claims, we first briefly describe

the substantive standard for a motion for a new trial, and we set out the standards of

review applicable to the denial of such a motion.

Following a guilty verdict, a criminal defendant may move the district court to

vacate the judgment of conviction and grant a new trial “if the interest of justice so

requires.” Fed. R. Crim. P. 33(a). But we have previously expressed that “[a]

motion for a new trial is not viewed with favor and should be treated with great

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caution.” United States v. Chatman, 994 F.2d 1510, 1518 (10th Cir. 1993); see

United States v. Perea, 458 F.2d 535, 536 (10th Cir. 1972).

Where, as here, a motion for a new trial is based upon newly discovered

evidence, the defendant must show that:

(1) the evidence was discovered after trial; (2) the failure to learn of the evidence was not caused by his own lack of diligence; (3) the new evidence is not merely impeaching; (4) the new evidence is material to the principal issues involved; and (5) the new evidence is of such a nature that in a new trial it would probably produce an acquittal.

United States v. Jackson, 579 F.2d 553, 557 (10th Cir. 1978); see Chatman, 994 F.2d

at 1518. The burden of satisfying each of those requirements rests at all times with

the defendant. See United States v. Sinclair, 109 F.3d 1527, 1531 (10th Cir. 1997).

Ordinarily, “[t]he denial of a motion for a new trial based on newly discovered

evidence is reviewed for abuse of discretion.” United States v. McCullough, 457

F.3d 1150, 1167 (10th Cir. 2006). An abuse of discretion occurs if the district court’s

decision is “arbitrary, capricious, whimsical, or manifestly unreasonable.” United

States v. Herrera, 481 F.3d 1266, 1270 (10th Cir. 2007) (quotation omitted).

Additionally, “a district court necessarily abuse[s] its discretion if it base[s] its ruling

on an erroneous view of the law.” Johnson v. Spencer, 950 F.3d 680, 701 (10th Cir.

2020) (cleaned up). And “even in the context of the deferential abuse-of-discretion

standard, we review subsidiary legal questions de novo.” Id.

As with our review of the denial of a motion for a new trial based on newly

discovered evidence, we likewise review the denial of an evidentiary hearing in

relation to a motion for a new trial (based on evidence of a witness’s perjury or

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recantation of testimony) for abuse of discretion. See Chatman, 994 F.2d at 1518–19.

But we review de novo the denial of a motion for a new trial based on a Brady or

Giglio violation. United States v. Cordova, 25 F.4th 817, 826 (10th Cir. 2022).

III.

With those standards in mind, we begin with Maldonado’s argument that the

district court applied the incorrect legal standard in reviewing Maldonado’s motion

for a new trial based on newly discovered evidence that witnesses purportedly

committed perjury or recanted their testimony after trial. Maldonado argues that the

district court improperly applied a five-part test for evaluating such motions derived

from Berry v. Georgia, 10 Ga. 511 (1851), which requires, among other things, a

reasonable probability that the new evidence would have changed the jury’s verdict.

See Sinclair, 109 F.3d at 1531–32. Maldonado claims that our Circuit has never

adopted the Berry test and insists that the district court should have instead applied a

more lenient test requiring only a possibility that the jury would have reached a

different verdict without considering the perjured or recanted testimony. See

Larrison v. United States, 24 F.2d 82, 87 (7th Cir. 1928).

We conclude that Maldonado has waived this argument under the invited-error

doctrine. Under the invited-error doctrine, we deem an issue waived and decline to

review it––for plain error or otherwise––if a party “urged the district court to adopt”

the very proposition that the party attacks on appeal. United States v. McBride,

94 F.4th 1036, 1042 (10th Cir. 2024) (quoting United States v. DeBerry, 430 F.3d

1294, 1302 (10th Cir. 2005)). In other words, “if a party affirmatively invites the

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district court to take a certain action,” then “we construe the party to have

‘knowingly and intelligently relinquished’ any claim of error; that is, we deem such a

claim waived.” Id. at 1051 (Eid, J., concurring in part and concurring in the

judgment) (quotation omitted).4

At the district court, Maldonado not only failed to argue that the Berry test

does not apply in our Circuit, but he also in fact invited the court to use that test as

the governing standard. Indeed, Maldonado’s motion for a new trial clearly set forth

the five-part Berry standard—including its probability requirement—as the governing

legal standard to use in evaluating a motion for a new trial.5 But now, on appeal,

Maldonado instead claims that the Berry standard should not apply after all. The

invited-error doctrine prohibits Maldonado from changing course in this way.

Because Maldonado “urged the district court to adopt” the very position he now

attacks on appeal, he has waived this argument. Id. at 1042 (quoting DeBerry,

4 Our Circuit has recognized an exception to the invited-error doctrine, called the “supervening-decision exception,” which generally applies when (1) “the law of the Tenth Circuit was previously so well-settled it foreclosed any possibility of success” and (2) “the relevant law in this Circuit was changed by an intervening Supreme Court or Tenth Circuit decision.” McBride, 94 F.4th at 1052 (Eid, J., concurring in part and concurring in the judgment). That exception does not apply here because Maldonado does “not argue on appeal that the law in this Circuit was settled.” Id. To the contrary, Maldonado expressly argues that our Circuit’s legal standards for analyzing a motion for a new trial are “unsettled.” Supp. Aplt. Br. at 29. 5 Although Maldonado’s motion for a new trial did not explicitly cite Berry, the five-part standard he sets forth in his motion is identical to and ultimately derived from Berry. See United States v. Stevens, 978 F.2d 565, 570 (10th Cir. 1992); see also United States v. Ramsey, 726 F.2d 601, 605 & n.2 (10th Cir. 1985) (adopting Berry test and setting forth its five requirements). 12 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 13

430 F.3d at 130). We therefore deem Maldonado’s argument waived and decline to

address it.

IV.

Next, we address Maldonado’s argument that the district court abused its

discretion by disregarding some of the arguments Maldonado made in support of his

motion for a new trial on the grounds that those arguments were too conclusory. In

denying Maldonado’s motion, the district court concluded that several of

Maldonado’s arguments were “too vague and conclusory for [it] to meaningfully

analyze” because they lacked citations to any particular exhibits, portions of the trial

record, or legal standards, and so the court stated that it would “consider only the

arguments [actually] identified and presented in the briefing.” Aplt. App’x at 174.

On appeal, Maldonado challenges the district court’s refusal to consider his

arguments in more detail, seemingly arguing that the district court mischaracterized

or exaggerated the conclusory nature of his arguments below.

We decline to reach the merits of this argument as well, but for a different

reason than above: we conclude that Maldonado has waived this argument through

inadequate briefing. Specifically, Maldonado’s supplemental opening brief—where

this issue is raised for the first time—states that the district court “erroneously

construed” the “massive weight” of his evidence “as ‘buried truffles.’” Supp. Aplt.

Br. at 33. But nowhere in his brief does Maldonado actually identify or specify the

district court’s purported error. In fact, in the two-page section of Maldonado’s brief

dedicated to this argument, Maldonado extensively quotes from the district court’s

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order and describes the district court’s reason for deeming his arguments conclusory.

But Maldonado does not explain how the district court’s reasoning could constitute

an abuse of discretion, nor does he cite any cases or other authority to support that

position. Instead, he supplies only one example of an exhibit that he referenced in

his motion at the district court; he otherwise makes no attempt to support his

conclusory assertion that his “citation strings of exhibits” in his motion were

sufficiently detailed because they were “proffers of the sheer weight of newly

discovered evidence.” Id. at 34.

Maldonado’s briefing on this issue does not satisfy the requirements of the

Federal Rules of Appellate Procedure, which specify that an argument section must

“contain the appellant’s contentions and the reasons for them, with citations to the

authorities and parts of the record on which the appellant relies.” MacArthur v. San

Juan County, 495 F.3d 1157, 1160 (10th Cir. 2007) (quoting Fed. R. App. P. 28(a));

see Defs. of Wildlife v. U.S. Forest Serv., 94 F.4th 1210, 1227 n.10 (10th Cir. 2024).

And without any citations to the record or to legal authorities, and without any

meaningful explanation of his position, Maldonado’s briefing fails to facilitate

appellate review because it does not provide the government, nor us, a meaningful

way to respond to his arguments.

In the face of inadequate briefing that fails to abide by the rules of appellate

procedure, our Court may exercise discretion to dismiss the appeal, decline to address

the issue, or proceed to the merits regardless. MacArthur, 495 F.3d at 1161. Because

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Maldonado provides no meaningful argument or authority in support of his claim, we

decline to address the issue and deem it waived.

V.

We next consider Maldonado’s argument that the district court abused its

discretion by declining to hold an evidentiary hearing before ruling on Maldonado’s

motion for a new trial. Specifically, and with respect to the portion of his motion

based on the purported post-trial recantations of three witnesses, Maldonado argues

that the district court should have held an evidentiary hearing before ruling on his

motion in order to evaluate the credibility and impact of the witnesses’ recantations.

A.

When a motion for a new trial is based on newly discovered evidence that a

trial witness committed perjury or later recanted their testimony, a court may only

grant the motion if it is “satisfied that the challenged testimony was actually false.”

United States v. Bradshaw, 787 F.2d 1385, 1391 (10th Cir. 1986). That is so because

“recanted testimony is properly viewed with suspicion.” United States v. Ramsey,

726 F.2d 601, 605 (10th Cir. 1985).

To determine whether the challenged testimony is actually false, “the trial

court ordinarily must conduct an evidentiary hearing to evaluate both the credibility

and impact of a recantation.” United States v. Page, 828 F.2d 1476, 1478 (10th Cir.

1987); United States v. Pearson, 203 F.3d 1243, 1274 (10th Cir. 2000) (“We

ordinarily require an evidentiary hearing so that the trial court may determine the

credibility of the recantation and place its findings in the record to give the reviewing

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court ‘some basis for evaluating its conclusion.’” (quoting Ramsey, 726 F.2d at 605)).

Although “[t]he determination of a witness’s credibility is a matter for the trial court

rather than the appellate court,” we nevertheless “must be able to ‘discern from the

record whether or how the trial judge evaluated the credibility of [a witness’s]

recantation.’” Chatman, 994 F.2d at 1518 (quoting Ramsey, 726 F.2d at 605).

Nevertheless, an evidentiary hearing is not always required; “in some

instances, the trial judge may be able to assess the credibility of the recantation

without holding such a hearing.” Pearson, 203 F.3d at 1274; see Chatman, 994 F.2d

at 1519 (affirming denial of a motion for a new trial “even absent an evidentiary

hearing” where “the record [was] adequate . . . to discern that the district court

evaluated the credibility” of a witness’s recantation). Thus, if the record is sufficient

for the district court to independently determine the credibility of a witness’s

recantation, then the refusal to hold an evidentiary hearing is not an abuse of

discretion. Pearson, 203 F.3d at 1275.

To that end, we have generally reversed a district court’s refusal to hold an

evidentiary hearing only where a district court fails to make any express findings of

fact related to witness credibility. See Ramsey, 726 F.2d at 604. By contrast, we

have affirmed the refusal to hold an evidentiary hearing where a witness’s recantation

of trial testimony is not made under oath or in a sworn affidavit. Pearson, 203 F.3d

at 1275 (observing that “[s]worn trial testimony is generally not refuted by unsworn

repudiation of that testimony”); Bradshaw, 787 F.2d at 1392 (affirming refusal to

hold evidentiary hearing where district court found a recantation not credible because

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the witness “never stated under oath that his trial testimony was false” and where

related affidavits were conflicting).

Likewise, we have affirmed the refusal to hold an evidentiary hearing where

the court “had several opportunities to assess the credibility” of the witness’s

challenged testimony, Pearson, 203 F.3d at 1275, including where “the district court

judge who denied the motion for new trial was the same judge who presided over

[the] trial” and where “other trial witnesses, also observed personally by the district

judge, corroborated [the witness’s] original trial testimony (and thus undercut his

recantation),” United States v. Jones, 315 F. App’x 714, 716 (10th Cir. 2009)

(Gorsuch, J.).

B.

Maldonado’s argument regarding the denial of an evidentiary hearing focuses

primarily on three purported post-trial recantations: (1) Glover’s recantation of his

statement at trial that he had not been offered immunity; (2) Garretson’s recantation

of his statement at trial that he had not been offered immunity; and (3) Lauren

Lowe’s post-trial affidavit stating that she could “not say for certain” whether her

trial testimony was accurate. See Supp. Aplt. Br. at 34–40. We address each witness

in turn.

First, Maldonado argues that he was entitled to an evidentiary hearing on his

new-trial motion because Glover—Maldonado’s first (and failed) hitman—recanted

his trial testimony that the government had not offered or given him immunity from

future prosecution. After trial, Glover backtracked on that claim, stating in an

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affidavit that Agent Bryant “told [him] during trial prep that if [he] did what they

asked[,] no charges would be brought against [him] now or in the future.” Aplt.

App’x at 158. And Maldonado claims, in turn, that because Glover eventually stated

that he had in fact been offered immunity, but his immunity deal had not been

disclosed at trial, then a Giglio violation occurred.

The district court found that Glover’s purported recantation was not credible.

Specifically, the district court discredited Glover’s affidavit “based on other evidence

in the record” that either corroborated Glover’s original trial testimony or conflicted

with or undermined Glover’s recantation, or both. Id. at 221–22. For instance, the

district court cited a “competing affidavit” submitted by Agent Bryant, in which

Agent Bryant denied that any immunity or promise of immunity was offered to

Glover. Id. The district court also cited a phone call between the Lowes and Agent

Bryant, in which Agent Bryant made comments about Glover that suggested Glover

“still feared prosecution” and could get in “trouble.” Id. at 222. Additionally, the

court cited evidence from the trial itself––including Glover’s own testimony, as well

as evidence that Glover never intended to kill Baskin and could not be convicted of

the murder-for-hire plot––which, the court found, made it unlikely that Glover would

have needed an offer of immunity at all.

The district court was entitled to rely on and weigh the conflicting affidavits

and other trial evidence without the need for an evidentiary hearing. Bradshaw,

787 F.2d at 1392. And because all of that evidence provided the district court with

“several opportunities to assess the credibility” of Glover’s trial testimony and

18 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 19

recantation, the district court was within its discretion to find that Glover’s

recantation was not credible––even without an evidentiary hearing. See Jones,

315 F. App’x at 716 (Gorsuch, J.).

Similarly, Maldonado argues that he was entitled to an evidentiary hearing

because Garretson, Maldonado’s ex-friend who became a government informant,

likewise recanted his trial testimony that the government had not offered or given

him immunity from future prosecution.6 But as with Glover, the district court did not

abuse its discretion in finding that Garretson’s purported recantation was not

credible, even without an evidentiary hearing. As the district court noted, Garretson

testified at trial that he did not receive immunity, and he denied having received any

offer of immunity agreement in five other instances. The only instance in which he

purportedly recanted that statement was in a post-conviction interview––not a sworn

affidavit. Thus, the district court was within its discretion to reject Garretson’s

purported recantation without an evidentiary hearing. See Pearson, 203 F.3d at 1275

(observing that “[s]worn trial testimony is generally not refuted by unsworn

repudiation of that testimony”); Bradshaw, 787 F.2d at 1392 (affirming refusal to

6 Maldonado’s argument with respect to Garretson is likely inadequately briefed. Maldonado’s discussion of Garretson’s purported recantation does not cite to any part of the appellate record, and he makes only a handful of conclusory assertions, such as that the district court “had a duty to preserve the integrity of the justice system” and that “Maldonado’s newly discovered facts were sufficient to trigger a new trial in any jurisdiction in the United States.” Supp. Aplt. Br. at 38. In any event, because Maldonado’s argument is sufficient for us to conclude that it is meritless, we exercise our discretion to address it. 19 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 20

hold evidentiary hearing where district court found a recantation not credible because

the witness “never stated under oath that his trial testimony was false”).

Finally, Maldonado argues that he was entitled to an evidentiary hearing with

respect to Lauren Lowe’s post-trial affidavit, in which she stated that she did not

remember whether Maldonado had sent her and Jeff Lowe a package containing

Glover’s personal phone. According to Maldonado, that statement constituted a

recantation of Lowe’s earlier trial testimony that she and Jeff Lowe had received a

package containing Glover’s phone––a statement that was used as evidence of

Maldonado’s original murder-for-hire plot. Maldonado claims that Lowe’s

recantation was credible because it was “corroborated by physical evidence,”

including postal records showing that the package weighed almost five pounds

(which, Maldonado claims, shows that the package could not have contained a cell

phone). Supp. Aplt. Br. at 40.

Maldonado fails, however, to explain how the two statements necessarily

constitute a recantation. Instead, as the district court observed, Lowe’s “contention

that she cannot now” remember whether she received Glover’s phone “does not

actually conflict with her trial testimony.” Aplt. App’x at 191. Moreover, the district

court found that Lowe’s testimony was credible because it was bolstered by

Maldonado’s own trial testimony, in which he stated that there were plans to mail

Glover’s phone to the Lowes.

Altogether, then, the district court properly based its credibility determinations

on the facts in the record, so its refusal to hold an evidentiary hearing was not an

20 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 21

abuse of discretion. We therefore affirm the district court’s denial of an evidentiary

hearing with respect to Maldonado’s motion for a new trial.

VI.

Maldonado next argues that the district court abused its discretion by denying

his motion for a new trial specifically as to the counts involving his taking and killing

of five tigers in violation of the Endangered Species Act (“ESA”), 16 U.S.C.

§§ 1538(a)(1)(B), 1540(b)(1). Maldonado argues that he was entitled to a new trial

on those counts because newly discovered evidence purportedly shows both that he

only killed the tigers because they were sick, and that the prosecution deliberately

and unlawfully concealed evidence of the tigers’ ill health.

Because Maldonado’s argument turns on the substantive requirements of the

ESA, we begin by briefly describing those requirements and addressing, as a

threshold matter, whether Maldonado’s conduct falls within the scope of the ESA.

The ESA makes it unlawful for any person to, among other things, “take” any

“endangered species of fish or wildlife” within the United States. 16 U.S.C.

§ 1538(a)(1)(B). All species and subspecies of tigers have been deemed

“endangered” under the ESA. See 50 C.F.R. § 17.11. Thus, the ESA protects tigers

of all kinds––whether they are born in the wild or in captivity, and whether they are

purebred or a cross-bred hybrid. See 81 Fed. Reg. 19923, 19923 (Apr. 6, 2016);

16 U.S.C. § 1538(b)(1).

21 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 22

The term “take,” as it is used in the ESA, includes “harm[ing],” “shoot[ing],”

and “kill[ing].” 16 U.S.C. § 1532(19). Nevertheless, the ESA provides an exception

under which a “taking” may be permissible if it is done “to enhance the propagation

or survival of the affected species,” subject to certain regulations. Id.

§ 1539(a)(1)(A). One such regulation provides that certain actions that would

otherwise constitute a taking may still be permissible under the ESA, so long as the

action “enhance[s] the propagation or survival” of the species. 50 C.F.R. § 17.3. In

particular, the regulation lists the “[p]rovision of healthcare” to a protected species,

including by euthanasia, as a permissible action. Id.

In explaining how the evidence of his tigers’ ill health is relevant to his new-

trial motion, Maldonado asserts that he could only be convicted of killing the five

tigers if the government proved that he “violated actual, written, regulations or

protocols in euthanizing his exotic animals,” which would require that “the five tigers

were healthy” when they were killed. Supp. Aplt. Br. at 41. But the ESA requires

neither of those things. As explained, Maldonado could be convicted of violating the

ESA based on proof that he killed the tigers, unless he killed them by euthanasia as

part of the “[p]rovision of healthcare.” 50 C.F.R. § 17.3; 16 U.S.C. § 1539(a)(1)(A).

In other words, if Maldonado’s act of shooting the tigers constituted the “[p]rovision

of healthcare,” then his conduct would fall outside of the ESA; meanwhile, if

Maldonado was not “providing healthcare” to the tigers, then his conduct is

punishable under the ESA. 50 C.F.R. § 17.3.

22 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 23

Maldonado’s own trial testimony establishes that he did not shoot and kill the

tigers in order to “provide” them healthcare. Maldonado does not dispute that he

shot the five tigers, and he testified that he did so solely because it was cheaper and

faster than having his park-affiliated veterinarian administer euthanasia. Moreover,

Maldonado admitted at trial that he “violate[d] [the] protocol” that he had developed

with the park veterinarian pursuant to USDA regulations, which required the

veterinarian to euthanize any animal that needed it. Supp. Aple. App’x at 113–14.7

Thus, Maldonado’s conduct falls within the scope of the ESA.

Having determined that Maldonado’s conduct falls within the scope of the

ESA, we now address the substance of his arguments regarding his convictions on the

counts for killing five tigers under the ESA. As explained, Maldonado argues that he

is entitled to a new trial because newly discovered evidence purportedly shows that

he only killed the tigers due to their ill health, and that the prosecution deliberately

and unlawfully concealed evidence of the tigers’ health issues. In support of this

argument, Maldonado relies principally on two pieces of evidence: (1) an affidavit

from John Reinke, a former park manager at the zoo, who stated that the tigers were

7 Maldonado also suggests that his conduct falls outside of the ESA because the statute “was never intended to apply to zoo animals.” Supp. Aplt. Br. at 40 & n.6. But Maldonado cites no legal authority to support that proposition, relying instead only on his own trial testimony opining on the scope of the ESA. Regardless, his argument is meritless: the ESA has expressly been made applicable to animals bred, born, or held in captivity. See 81 Fed. Reg. 19923, 19923 (Apr. 6, 2016); 16 U.S.C. § 1538(b)(1). 23 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 24

sick, old, and suffering from arthritis, and that Maldonado shot them because it was a

quicker, more humane way to euthanize them; and (2) an excavation and autopsy of

the tigers’ skulls, but not their bodies, which was conducted as part of the

government’s investigation.8

Maldonado first argues that Reinke’s affidavit constitutes newly discovered

evidence entitling him to a new trial, because––he claims––it demonstrates that

Maldonado’s killing of the five tigers was a form of humane euthanization

“authorized by the USDA” because the tigers were sick. Supp. Aplt. Br. at 42–43.

But that argument fails for the simple reason that the purportedly newly discovered

evidence contained in Reinke’s affidavit was not newly discovered at all. As the

district court noted, Maldonado’s trial counsel interviewed Reinke before trial––and

so, at that point, Maldonado could have discovered any of the facts that Reinke later

testified to in his affidavit.

The fact that Maldonado could have discovered the facts contained in Reinke’s

affidavit before trial is fatal to Maldonado’s claim. To prevail on a motion for a new

8 Maldonado also seems to rely on a conversation between Jeff Lowe and Agent Bryant, in which Bryant allegedly admitted that the prosecution joined the murder-for-hire counts against Maldonado with the counts related to the tiger killings in order to “get some jurors’ heartstrings bleeding.” Supp. Aplt. Br. at 42. Maldonado claims this evidence shows that “the government brought the tiger-killing charges against Maldonado solely to smear Maldonado in the jury’s eyes––so that the jury would overlook the weakness of the murder-for-hire case.” Id. But even if that were true, nothing indicates that the evidence of this conversation was in fact newly discovered after trial––nor does Maldonado argue that it was. Moreover, Maldonado has made no effort to explain how these statements––which bear only on the prosecution’s litigation strategy––would be material to the tiger-killing charges or would probably result in an acquittal. 24 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 25

trial that is based upon newly discovered evidence, a defendant must show, among

other things, that “the evidence was discovered after trial” and that “the failure to

learn of the evidence was not caused by [the defendant’s] own lack of diligence.”

Jackson, 579 F.2d at 557. In other words, the evidence itself must actually be new––

that is, the substance of the evidence must not have been known to the defendant

before trial commenced. United States v. Quintanilla, 193 F.3d 1139, 1146 (10th Cir.

1999); United States v. Leyba, 504 F.2d 441, 442–43 (10th Cir. 1974) (“It is too well

settled for discussion that a new trial is not warranted by evidence which, with

reasonable diligence, could have been discovered and produced at the trial.”).

Nowhere in his motion for a new trial did Maldonado explain why he could

not have learned the substance of Reinke’s claims sooner––nor does he attempt to do

so in his argument on appeal. In effect, then, Maldonado’s reliance on Reinke’s

affidavit is nothing more than an attempt to “keep an evidentiary trump card” to set

aside his conviction. Quintanilla, 193 F.3d at 1148. That he cannot do. Even if

Reinke’s affidavit could show that Maldonado killed the tigers in a merciful effort to

euthanize them (a claim that itself is dubious, given that Maldonado shot the tigers),

it would still not satisfy the requirements for a motion for a new trial, because

Reinke’s testimony is evidence that Maldonado, “with reasonable diligence, could

have [ ] discovered and produced at the trial.” Leyba, 504 F.2d at 442–43.

Relatedly, Maldonado also claims that he is entitled to a new trial because the

prosecution unlawfully concealed the physical evidence of the tigers’ bodies in

violation of Brady, an argument that we have treated as “a subspecies of [a] newly

25 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 26

discovered evidence claim.” Quintanilla, 193 F.3d at 1148 n.9. A Brady violation

can constitute grounds for a new trial where “the Brady materials were in the

government’s possession, and unknown to [the] defendant at the time of trial.” Id.

To prevail on a motion for a new trial based on an alleged Brady violation, the

defendant “must show that (1) the prosecution suppressed evidence, (2) the evidence

was favorable to the defendant, and (3) the evidence was material.” United States v.

Torres, 569 F.3d 1277, 1281 (10th Cir. 2009) (quotation omitted). Like the ordinary

new-trial standard, materiality for Brady purposes requires “a reasonable probability

that, had the evidence been disclosed, the result of the proceeding would have been

different.” United States v. Cordova, 25 F.4th 817, 826 (10th Cir. 2022) (quoting

Smith v. Cain, 565 U.S. 73, 75 (2012)). The materiality of withheld evidence is

evaluated “in light of the entire record in order to determine if ‘the omitted evidence

creates a reasonable doubt that did not otherwise exist.’” Fontenot v. Crow, 4 F.4th

982, 1080 (10th Cir. 2021) (quoting Strickler v. Greene, 527 U.S. 263, 290 (1999));

see also Kyles v. Whitley, 514 U.S. 419, 435 (1995) (“One does not show a Brady

violation by demonstrating that some of the inculpatory evidence should have been

excluded, but by showing that the favorable evidence could reasonably be taken to

put the whole case in such a different light as to undermine confidence in the

verdict.”).

To support his Brady argument, Maldonado attempts to link the statements in

Reinke’s affidavit (which suggested that Maldonado only killed the tigers because

they were sick) to the fact that the government excavated and examined only the

26 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 27

tigers’ heads—and not their bodies. According to Maldonado, Reinke’s statements

negated the prosecution’s theory at trial that Maldonado wanted to kill the tigers

because they were not profitable. And because the prosecution did not perform an

autopsy on the tigers’ bodies, Maldonado had no way to prove, as part of his defense,

that the tigers were actually sick. The prosecution’s failure to perform an autopsy,

Maldonado claims, therefore must have been an attempt to deliberately conceal

evidence, and its suppression of that evidence must have been material under Brady,

because the evidence would have revealed that Maldonado only killed the tigers

because they were ill.

There are several problems with Maldonado’s argument. First, as the

government points out, Maldonado’s motion for a new trial did not attempt to make

this same link between Reinke’s affidavit and the government’s failure to examine

the tigers’ bodies. Instead, Maldonado’s motion simply claimed that recovering the

tigers’ bodies would reveal evidence of infirmity or illness, without explaining how it

would do so. In other words, Maldonado used Reinke’s affidavit only as a source of

newly discovered evidence––not as a basis for a Brady violation.

Additionally, even if Reinke’s affidavit or the recovery of the tigers’ bodies

would show that the tigers were sick, Maldonado has failed to explain how that fact

would be material or would create a probability of a different outcome. As

explained, Maldonado admitted that he deliberately disregarded his veterinarian’s

long-established euthanasia protocol, which suggests that he was not “providing

27 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 28

healthcare” to the tigers within the meaning of 50 C.F.R. § 17.3––even if the tigers

were healthy.

Thus, the district court was within its discretion to determine that neither

Reinke’s affidavit nor the government’s failure to examine the tigers’ bodies

constituted a material Brady violation or newly discovered evidence sufficient to

justify a new trial. We therefore affirm the district court’s denial of Maldonado’s

motion for a new trial with respect to the five counts of killing tigers in violation of

the ESA.

VII.

Next, we address whether the district court erred by rejecting Maldonado’s

Brady and Giglio claims with respect to purported evidence that two witnesses

received immunity for their testimony against Maldonado, a claim we review de

novo. Cordova, 25 F.4th at 826.

As explained, a defendant may base a motion for a new trial on an alleged

Brady violation as “a subspecies of [a] newly discovered evidence claim.”

Quintanilla, 193 F.3d at 1148 n.9. But unlike in the typical context of motions for a

new trial, impeachment evidence (including immunity agreements) is considered

exculpatory for Brady purposes. See Giglio, 405 U.S. at 154–55. Thus, when the

government promises (whether explicitly or implicitly) a witness immunity from

prosecution in exchange for their testimony, the government is required to disclose

that promise to the defense. Id. Still, to show a Brady or Giglio violation, the

defendant must prove by a preponderance of the evidence that an immunity

28 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 29

agreement actually existed. See Douglas v. Workman, 560 F.3d 1156, 1186 (10th

Cir. 2009). Moreover, the defendant must still show that the immunity agreement

was material and noncumulative. See id. at 1174.

With respect to this issue––which concerns Maldonado’s conviction on the

two murder-for-hire counts––Maldonado argues that the government unlawfully

concealed evidence of immunity agreements with Glover and Garretson. First,

Maldonado argues that Glover was implicitly offered immunity by way of

“undisclosed favors” that would ensure he did not face prosecution for either a

pending state-law DUI charge or for his involvement in the murder-for-hire plot.

Supp. Aplt. Br. at 48–50. Because Glover was a key trial witness against Maldonado,

Maldonado argues that the nondisclosure of this purported immunity agreement

violated Brady and Giglio, thereby entitling Maldonado to a new trial.

As to Glover’s purported immunity deal for the DUI charge, Maldonado

asserts that “the government made pretrial phone calls (undisclosed to the defense) to

influence local state prosecutors to deaden Glover’s pending state DUI charge.” Id.

at 48. But Maldonado’s assertion overlooks substantial portions of the record.

Contrary to Maldonado’s claim, other evidence in the record––including a sworn

affidavit from Agent Bryant—indicates that the government did not ever call in

favors to local prosecutors, and that the government never had a reason to offer

Glover immunity because he pleaded nolo contendere to the DUI charge before

Maldonado’s trial even began. In light of this evidence––and especially when

considering the district court’s factual determinations with respect to Glover’s own

29 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 30

credibility––the district court did not err in concluding that Maldonado failed to show

that Glover received an undisclosed immunity deal that violated Brady or Giglio.

Next, with respect to Glover’s purported immunity deal for his involvement in

the murder-for-hire plot, Maldonado claims that the district court erred by

“discount[ing]” the government’s decision not to prosecute Glover. Id. at 49. Unlike

the purported DUI immunity, the district court did not expressly determine that

Maldonado failed to show the existence of an immunity agreement regarding

Glover’s role as a hitman; instead, the district court concluded that even if such an

immunity agreement existed, Maldonado failed to show materiality.

On appeal, Maldonado fails to challenge the district court’s materiality

conclusion, seemingly arguing instead that the district court erroneously found that

no immunity agreement existed. Moreover, Maldonado does not attempt to fit the

alleged immunity agreement into the Brady or Giglio framework to show how such

an agreement would be material to, or affect the outcome of, his trial. Maldonado

has therefore failed to demonstrate that the district court erred by rejecting his Brady

and Giglio arguments with respect to Glover.

Similarly, Maldonado argues that the prosecution unlawfully failed to disclose

an immunity agreement purportedly offered to Garretson for a variety of offenses he

was allegedly involved in. As mentioned, Garretson denied at trial––and in five

other instances after trial––that he ever received an offer of immunity. But in one

unsworn post-trial interview, Garretson stated that he had in fact received immunity.

The district court found that Garretson’s recantation was not credible because it was

30 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 31

an unsworn statement directly contradicting his trial testimony. And, as explained,

that credibility determination was properly within the court’s discretion. See

Pearson, 203 F.3d at 1275 (“Sworn trial testimony is generally not refuted by

unsworn repudiation of that testimony.”). With that factual finding in mind,

Maldonado has failed to show that Garretson actually received an offer of immunity

in exchange for his testimony. Absent such evidence, Maldonado’s Brady and Giglio

claim with respect to Garretson likewise fails. See Douglas, 560 F.3d at 1174.9

Because Maldonado failed to show the existence of an immunity agreement

with Garretson––and because evidence of any such agreement would have been

cumulative at best––the district court did not err in rejecting Maldonado’s Brady and

Giglio arguments with respect to Garretson. Thus, we affirm the district court’s

conclusion that Maldonado failed to show violations of Brady and Giglio with respect

to alleged immunity agreements offered to Glover and Garretson.

VIII.

Finally, we address Maldonado’s claim that he is entitled to a new trial based

on an entrapment defense. Maldonado argues that the newly discovered evidence

would have supported an entrapment defense at trial because the new evidence shows

that he was not predisposed to harming either Baskin or his own tigers, and that his

criminal conduct “was orchestrated by others[,] with [the] government as conductor.”

9 What’s more, even if Garretson had received an immunity agreement, it would not satisfy the materiality requirement because the government’s decision not to prosecute Garretson was presented to the jury at trial. Thus, any purported immunity agreement would have been cumulative. See Douglas, 560 F.3d at 1174. 31 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 32

Supp. Aplt. Br. at 63. But we decline to consider this argument because Maldonado

failed to raise an entrapment defense at the district court and has failed to argue for

plain error on appeal.

When a party fails to raise an argument below or otherwise preserve it for

appeal, “we typically treat the argument as forfeited.” United States v. Leffler,

942 F.3d 1192, 1196 (10th Cir. 2019). We review a forfeited argument for plain

error, which requires the party raising the argument to show “that (1) an error

occurred; (2) the error was plain; (3) the error affected his substantive rights; and

(4) the error seriously affects the fairness, integrity, or reputation of judicial

proceedings.” McBride, 94 F.4th at 1040. If a party fails to argue plain error on

appeal, “we ordinarily deem the issue waived (rather than merely forfeited) and

decline to review the issue at all—for plain error or otherwise.” Leffler, 942 F.3d

at 1196.

At no point in the district court proceedings did Maldonado raise an

entrapment defense. Indeed, a search through the record reveals that the only time

the word “entrap” appears is in the transcript of a conversation (in which Maldonado

was not even involved)––not in his motion for a new trial or in any other motion or

proceeding. See Aplt. App’x at 141. Instead, Maldonado’s defense at trial revolved

around his argument that it was Lowe––not Maldonado––who concocted the plan to

kill Baskin. Thus, because Maldonado failed to raise an entrapment defense (or

anything remotely similar) before the district court, and because he has failed to

32 Appellate Case: 23-6207 Document: 94 Date Filed: 07/09/2025 Page: 33

argue plain error on appeal, he has waived his entrapment argument. See Leffler,

942 F.3d at 1196.

IX.

For the foregoing reasons, we AFFIRM.

Entered for the Court

Allison H. Eid Circuit Judge