Urrutia-Valle

United States v. Urrutia-Valle

Good Law
32 F. App'x 829
United States Court of Appeals for the Ninth CircuitFebruary 14, 2002No. 99-50665; D.C. No. CR-95-00015-RTCalifornia485 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Urrutia-Valle appeals his conviction for one count of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846 and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Upon request of the defendant, the government is required to permit the defendant to inspect any documents “which are within the possession, custody or control of the government, and which are material to the preparation of the defendant’s defense.” Fed.R.Crim.P. 16(a)(1)(C). A document is material if it is “relevant to the development of a possible defense.” United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir.1990) (quoting United States v. Clegg, 740 F.2d 16,18 (9th Cir.1984)). A defendant seeking discovery is required to make a “threshold showing” of the materiality of the information sought. United States v. Santiago, 46 F.3d 885, 894 (9th Cir.1995). “Neither a general description of the information sought nor conclusory allegations of materiality suffice; a defendant must present…

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