Berghoudian
United States v. Berghoudian
Opinion
Lead Opinion
*207 MEMORANDUM *
Defendant Agop Berghoudian appeals his conviction and sentence for conspiracy to distribute methamphetamine. Defendant first challenges the district court’s denial of his motions to withdraw his guilty plea. He contends that the government failed to disclose material information before he entered his plea, that he lacked competence to enter a knowing and intelligent plea, and that the district court violated Rule 11 of the Federal Rules of Criminal Procedure. Next, Defendant challenges the district court’s refusal to depart downward from the sentencing guideline range for his substantial assistance to the government. Finally, Defendant contends that the district court improperly denied his motion for a downward departure for sentencing entrapment. We affirm. Because the parties are familiar with the facts, we will not detail them except as necessary.
A. Withdrawal of Defendant’s Guilty Plea
1. Brady Violation
Defendant alleges that the prosecution withheld evidence that could be used to impeach the confidential informant, in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 , (1963). He argues that this evidence would have…