United States v. Marizu Jite Ogbuehi

56 F.3d 74 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marizu Jite OGBUEHI, Defendant-Appellant. No. 94-50442. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1995. * Decided May 31, 1995. 1 Before BEEZER and TROTT, Circuit Judges, and SHUBB, ** District Judge 2 MEMORANDUM *** 3 Marizu Ogbuehi appeals, for a second time, his conviction on four counts of heroin smuggling in violation of 21 U.S.C. Secs. 841 (a)(1), 846, 952, and 960. In this appeal he challenges the district court's determination (1) that the government's refusal to turn over interview notes of a key witness was harmless error, and (2) that there was no Giglio violation regarding the witness's temporary and erroneous belief that she may have been HIV-positive at the time she negotiated her plea agreement with prosecutors. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. Jencks Act 4 On November 22, 1991, Marizu Ogbuehi and…