Martinez

MEMORANDUM **

Defendant John Martinez was convicted of conspiracy to steal mail and theft of mail by a postal employee. He appeals his convictions on the grounds that (1) the government withheld Brady material, 1 (2) the district court erred when it failed to sustain his relevance objection, and (8) the district court erred in denying his requests for discovery on his selective prosecution and vindictive prosecution claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez first argues that the government withheld Brady material consisting of a postal inspector’s notes related to the investigation of another suspect. We review a challenge to a conviction on Brady grounds de novo. United States v. Alvarez, 86 F.3d 901, 903 (9th Cir.1996). There are three components of a Brady violation. Strickler v. Greene, 527 U.S. 263, 281-82 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999). First, “[t]he evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching.” Second, the evidence “must have been suppressed by the [government], either willfully or inadvertently.” And third, “prejudice must have ensued.” Id. We need…