United States v. Shi Guang Guan

MEMORANDUM

Appellant Shi Guang Guan appeals the district court’s denial of his motion for a new trial, in which he alleged Brady/Giglio violations as well as prosecutorial misconduct. The facts of the case are known to the parties. We have jurisdiction under 28 U.S.C. § 1291and we affirm.

Guan has not established a Brady/Giglio violation. In determining whether a Brady/Giglio violation occurred we ask whether the evidence was “(1) favorable to the accused because it [was] either exculpatory or impeachment material; (2) suppressed by the government, either willfully or inadvertently; and (3) material or prejudicial.” United States v. Blanco, 392 F.3d 382, 387 (9th Cir.2004). Although, here, the evidence at issue constituted impeachment material, see Bern v. Lambert, 283 F.3d 1040, 1057 (9th Cir.2002); see also Giglio v. United States 405 U.S. 150, 154-55 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972), the government did not suppress the evidence, and even if it had, it would not have been prejudicial.

With regard to suppression, “[b]y submitting the issue to the judge, [a] prosecutor satisfie[s] her duty to disclose [Brady ] material.” United States v. Dupuy, 760 F.2d 1492, 1501 (9th…