Bernay

MEMORANDUM **

Robert Bernay appeals his conviction for bringing in an alien for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), and bringing in an alien without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s discovery rulings under Fed.R.Crim.P. 16 for an abuse of discretion. United States v. Alvarez, 358 F.3d 1194, 1208 (9th Cir.2004). A district court’s decision to admit or exclude evidence is reviewed for an abuse of discretion. United States v. Cervantes, 219 F.3d 882, 894 (9th Cir.2000)

Because the parties are familiar with the facts, we recite them only as necessary for this decision. Defendant argues that district court erred in denying his request for discovery of border crossings (TECS records) for a rental vehicle that Bernay had driven in the past, but was not driving at the time of his arrest. In order to obtain discovery under Federal Rule of Criminal Procedure 16, a defendant must first make a prima facie showing of materiality. United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir.1990); Fed.R.Crim.P. 16. The district court ruled that Bernay…