Birdsbill

MEMORANDUM *

Jeramie Shane Birdsbill (“Birdsbill”) appeals his jury conviction for aggravated sexual abuse of a male child, in violation of 18 U.S.C. §§ 1153 and 2241(c). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court did not err either in denying Birdsbill’s motion to dismiss or in declining to sanction the government for withholding during discovery exculpatory material consisting of a police report regarding a previous inconsistent statement that W. 1 — the child victim — gave to Officer Boyd during Boyd’s investigation of Birds-bill’s alleged acts of sexual abuse. The government’s non-disclosure does not rise to the level of a Brady violation because defense counsel gained this information sufficiently in advance of the trial date — 74 days before Birdsbill’s first trial (which ended in a mistrial), and 109 days before the beginning of the second trial — so that the delay in disclosure caused no prejudice. See United States v. Gordon, 844 F.2d 1397, 1403 (9th Cir.1988) (“To escape the Brady sanction, disclosure must be made at a time when disclosure would be of value to the accused.”) (internal quotation marks and citation omitted). Because…