Benitez-Farias

MEMORANDUM *

Miguel Benitez-Farias appeals a jury verdict finding him guilty of two counts of possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1), and his sentence following his guilty plea of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Benitez-Farias was sentenced to 120 months for each of the 21 U.S.C. § 841 (a)(1) convictions and to 110 months for the 8 U.S.C. § 1326 conviction. All of the sentences run concurrently. We have jurisdiction, 18 U.S.C. § 3742 (a); 28 U.S.C. § 1291 , and affirm.

I

Benitez-Farias argues that the government suppressed information about the confidential informant (Cl) in violation of its Brady obligations. 2 We review Brady challenges de novo. See United States v. Vgeri, 51 F.3d 876, 880 (9th Cir.1995). To prevail on his Brady claim, Benitez-Farias “must show that (1) the evidence was exculpatory or impeaching; (2) it should have been, but was not produced; and (3) the suppressed evidence was material to his guilt or punishment.” United States v. Cooper, 173 F.3d 1192, 1202 (9th Cir.1999) (citations omitted).

Given what was produced, and the role of the Cl in this case, we cannot…