United States v. Milo Perkins

MEMORANDUM

Milo Perkins appeals his jury conviction and sentence for distribution of cocaine base in the form of crack cocaine in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B)(iii). Perkins claims he was denied his right to a fair trial and to present a defense when the district court refused to grant a number of his pre-trial discovery requests and excluded the full audio and video recording, which included more than the drug transaction between Perkins and a confidential informant (Cl). Perkins also requests a new sentencing hearing, arguing that the district court incorrectly found that the government provided sufficient notice to enhance his sentence pursuant to 21 U.S.C. § 851 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm the conviction and sentence.

Perkins failed to make a prima facie showing of materiality, United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir. 1990), and the district court did not abuse its discretion when it denied his discovery requests, United States v. Shryock, 342 F.3d 948, 983 (9th Cir.2003). The agent notes requested by Perkins were reviewed in camera, and the district court properly denied Perkins’s request…