United States v. Dennis Suesue

MEMORANDUM

Dennis Suesue appeals his conviction and sentence for being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1); assaulting a federal agent, 18 U.S.C. § 111 (a)(1) and (b); possessing with the intent to distribute cocaine, 21 U.S.C. § 841 (a)(1) and (b)(1)(C); armed robbery of federal property, 18 U.S.C. § 2114 (a); using a firearm in furtherance of a crime of violence, 18 U.S.C. § 924 (c)(1)(A) and (c)(l)(A)(ii); and threatening to assault or murder a family member of a federal law enforcement officer, 18 U.S.C. § 115 (a)(1)(A) and (b)(l)(4). We have jurisdiction under 28 U.S.C. § 1291 and we affirm the conviction and sentence.

Suesue first argues that his rights were violated under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), when the district court denied production of the video camera for examination by the defense. We disagree. A violation under Brady requires that there be evidence to suppress. See United States v. Price, 566 F.3d 900, 907 (9th Cir.2009). Here, the district court found that there was no video recording evidence to suppress and nothing in the record shows otherwise. Suesue provided no evidence that the government…