Moiseev

MEMORANDUM **

Mikhail Moiseev appeals his conviction following a jury trial on two counts of aiding and abetting the use of stolen credit cards in violation of 18 U.S.C. §§ 1029 (a)(2), 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

1. Witness Kogan’s Testimony

Moiseev argues that government witness Igor Kogan falsely testified about his own level of criminal activity and that Kogan’s lies were relevant on the issue of his credibility. The government does not dispute that portions of Kogan’s testimony were perjurious. However, given the overwhelming weight of the evidence against him, we cannot conclude that Moiseev was prejudiced by Kogan’s lies. See United States v. Agurs, 427 U.S. 97, 103 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976).

2. Brady Material

Moiseev next argues that the district court, after an in camera review, erroneously permitted the government to withhold certain evidence that arguably could have been used to further impeach government witness Kogan. Although the evidence Moiseev cites may have further alerted the jury to Kogan’s credibility problems, it was not clearly erroneous for the district court to have…