United States v. Lester Duva McDougherty

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Lester Duva McDOUGHERTY, Defendant-Appellant. No. 90-50252. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Lester Duva McDougherty appeals his conviction, following a stipulated-facts bench trial, for escape from federal custody in violation of 18 U.S.C. § 751 . McDougherty contends that the district court erred by denying, without in camera review, his motion for discovery under Brady v. Maryland, 373 U.S. 86 (1963) regarding documents showing that prison officials allegedly assisted in his escape. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Generally, we review discovery questions for abuse of discretion. United States v. Michaels, 796 F.2d 1112, 1115 (9th Cir.1986), cert. denied, 479 U.S. 1038 (1987). Nonetheless,…