United States v. Cristian Quintero Felix

MEMORANDUM

Cristian Quintero Felix appeals his convictions for possession with intent to distribute cocaine within 1,000 feet of a school and possession of a firearm in furtherance of a drug trafficking offense. We affirm.

1. Felix, invoking 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), contends the district court should have required the prosecutor to turn over evidence relating to the government’s confidential informant, whom the defense called to testify. The court allowed the defense to treat the informant as an adverse witness from the outset of his testimony.

Pursuant to an earlier district court order, the prosecution produced a short Gig-lio letter that noted the dates and benefits associated with informant’s working relationship with the Department of Homeland Security (DHS). After receiving this information on the day of the informant’s testimony, Felix continued to seek additional evidence related to the informant’s full criminal history and “rap” sheet and his cooperation with the Oakland Police Department (OPD), the local agency that had arrested Felix on…