Jason Marr v. United States

MEMORANDUM

Appellant Jason Marr appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his plea of guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine. Marr contends that law enforcement withheld impeachment evidence from him in violation of Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). We review de novo a district court’s denial of defendant’s 28 U.S.C. § 2255 motion and we review for clear error its factual findings. United States v. Guess, 203 F.3d 1143, 1145 (9th Cir.2000). We affirm.

To determine whether a Brady violation has occurred, the court considers whether the evidence was: (1) “favorable to the accused,” (2) “suppressed by the government,” and (3) “material to the guilt or innocence of the defendant.” United States v. Jernigan, 492 F.3d 1050, 1053 (9th Cir.2007) (en banc). Evidence is material if its admission would have created a “reasonable probability” of a different result. Id. (quoting Kyles v. Whitley, 514 U.S. 419, 434 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995)). In this case, the Government concedes that law enforcement suppressed evidence and that this evidence was favorable…