United States v. Fernando Escobar Merced Brito

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando ESCOBAR; Merced Brito, Defendants-Appellants. Nos. 93-10690, 94-10027. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided Oct. 31, 1994. Before: SKOPIL, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Fernando Escobar and Merced Brito appeal their convictions for violating 18 U.S.C. Secs. 922 (g)(1) & (5). They contend that the district court erred by not compelling the government to search the personnel file of a non-law enforcement federal employee witness for potential impeachment evidence, and by not granting a mistrial when it discovered that the alternative juror participated in jury deliberations. We reject these contentions, and we affirm. DISCUSSION 1. Personnel Files 3 In this circuit, the government must examine the personnel files of testifying law enforcement officers upon a defendant's request…