United States v. Jose Jesus Olivarra-Gonzales

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Jesus OLIVARRA-GONZALES, Defendant-Appellant. No. 93-10639. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1994. * Decided Nov. 22, 1994. 1 Before: POOLE and NOONAN, Circuit Judges, and HAGEN, District Judge ** . 2 MEMORANDUM *** Brady violation 3 We review de novo Olivarra-Gonzales' claim of an alleged Brady violation. United States v. Gillespie, 852 F.2d 475, 481 (9th Cir.1988). Olivarra's complaint is that the prosecution withheld evidence of an ongoing criminal investigation of Corral, the confidential informant. 4 The prosecution's obligations under Brady include the duty to produce impeachment evidence. Bagley v. Lumpkin, 798 F.2d 1297, 1301 (9th Cir.1986). To determine whether withheld impeachment evidence was so material as to require reversal, we must evaluate whether the impeachment evidence "if disclosed and used effectively....…