United States v. Isaac Camacho

MEMORANDUM

Defendant-Appellant Isaac Camacho (“Camacho”) was convicted by a jury on the charge of unlawful procurement of naturalization in violation of 18 U.S.C. § 1425 (a). Camacho stated on his Form N-445 citizenship application submitted on the day he took his citizenship oath that he had not been engaged in criminal drug activity since he filed his initial Form N-400. Camacho appeals: (1) the denial of his request for additional discovery to support his vindictive prosecution claim, (2) the admission of evidence related to his criminal drug activity, and (3) the denial of his two Federal Rule of Criminal Procedure 29 objections that there was insufficient evidence to convict him of violating § 1425(a) beyond a reasonable doubt. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. We address Camacho’s arguments in turn.

1. The district court properly denied Camacho’s request for further discovery to support his vindictive prosecution claim. Further discovery is futile. Camacho’s request for further discovery focused on the government’s internal prosecution memorandum, which is protected attorney work product and thus not discoverable. Fed. R.Crim.P. 16(a)(2);…