Archer

United States v. Archer

Good Law
59 F. App'x 183
United States Court of Appeals for the Ninth CircuitFebruary 4, 2003No. 01-16787; D.C. Nos. CV-97-01594-HDM, (CR-92-00162-HDM)California795 words

Opinion

Lead Opinion

MEMORANDUM *

D efendant-Appellant William Ralph Archer appeals from the district court’s denial of his motion pursuant to 28 U.S.C. § 2255 to vacate the sentence he is currently serving in federal custody. We affirm.

Archer first argues that the Government’s failure to turn over the report of a Drug Enforcement Administration interview with Paul Robinson (the “Robinson Report”), in which he admitted selling methamphetamine to Ronald A. Stevens, constituted a violation of Archer’s due process rights as prescribed by Brady v. Maryland 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Archer asserts that if the Robinson Report had been available at trial it could have been used to establish a source other than Archer for the drugs sold by Stevens to government informant Neal McGregor. He further asserts that the ability to present evidence of another source of the drugs sold by Stevens gives rise to the “reasonable probability of a different result” at trial.

The Government presented overwhelming evidence of Archer’s guilt, including extensive transcripts of the telephone calls between Archer and Stevens, in which prices and deliveries are discussed, and the calls between…

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