United States v. Sabil Mujahid

MEMORANDUM

Sabil Mujahid appeals from the district court’s- order denying his 28 U.S.C. § 2255 motion, following his 2009 jury trial conviction for being a felon in possession of a firearm. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review the district court’s denial of a 28 U.S.C. § 2255 motion and all questions of law de novo. See United States v. Olsen, 704 F.3d 1172, 1178 (9th Cir.2013). We review the district court’s factual findings for clear error. See United States v. Zuno-Arce, 339 F.3d 886, 888 (9th Cir.2003). We affirm the order of the district court.

Mujahid contends that the prosecutor violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972), by withholding several pieces of evidence relating to a principal witness (“the Witness”), who was called by the defense to testify after the government elected not to call him. His testimony was largely but not entirely adverse to the defense. The evidence not furnished by the prosecution related to ongoing investigations into the Witness’s criminal and civil wrongdoing, his cooperation with the government’s…