United States v. Jose Manuel Garcia

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Manuel GARCIA, Defendant-Appellant. No. 94-50038. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Nov. 9, 1994. 1 Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, * District Judge. MEMORANDUM 2 Garcia appeals his conviction following a jury trial for conspiracy to manufacture and distribute methamphetamine and two substantive counts of distributing methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1) and Sec. 846. The district court had jurisdiction under 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 Garcia's first argument is that the government violated the command of Brady v. Maryland, 373 U.S. 83 (1963), to turn over "evidence to the accused ... where the evidence is material either to guilt or punishment." Id. at 87 . In…