United States v. Idan Greenberg

MEMORANDUM

Idan Greenberg challenges his conviction for conspiracy to defraud the government under 18 U.S.C. § 371 based on an alleged Brady violation and the sufficiency of evidence. He also challenges his non-conspiracy charges for sufficiency of evidence and failure to give a jury instruction regarding the elements of an offense. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm in part, vacate in part, and remand for resentencing.

I. Brady Violation

In order to establish a violation under Brady, “a defendant must show that: (1) the evidence at issue is favorable to the accused, either because it is exculpatory or because it is impeaching; (2) the evidence was suppressed by the government, regardless of whether the suppression was willful or inadvertent; and (3) the evidence is material to the guilt or innocence of the defendant.” United States v. Sedaghaty, 728 F.3d 885, 899 (9th Cir.2013) (citing Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963)). In order for the evidence to be material, there must be “a reasonable probability…