Evans

MEMORANDUM **

Larry Evans was convicted after a jury trial in Nevada state court on charges of first degree kidnapping, sexual assault of a minor, and possession of a stolen vehicle. He timely appeals from the district court’s decision to deny a second amended petition for habeas corpus, seeking relief from the state court conviction. 1 Evans raised a number of alleged constitutional violations with respect to his conviction below, each of which were considered and rejected by the district court, and he renews the same arguments on appeal.

After careful consideration of the issues presented on appeal, both in the briefs and in oral argument, and having conducted a de novo review of Judge Hogan’s order denying the habeas petition, we agree with the analysis and conclusions reached by the district court in its order entered June 5, 2002.

We supplement the opinion of the district court by expressly rejecting Evans’s argument that a standard of materiality different from the one employed by the district court should be used to assess the prosecutor’s alleged failure to disclose evidence favorable to the defendant, a failure which would result in a violation of the Fourteenth…