Sims

MEMORANDUM ***

Mario McDonald appeals his jury conviction for conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 ; armed robbery in violation of 18 U.S.C. § 2113 (a) and (d); and brandishing firearms during and in relation to a crime of violence in violation of 18 U.S.C. § 924 (c). He argues that the government’s delay in producing a witness’s prior statement violated the Jencks Act, 18 U.S.C. § 3500 , and should result in a new trial. Mc *482 Donald and co-defendant Lamonte Deshawn Sims appeal their sentences.

A district court’s decision regarding the imposition of sanctions for a Jencks Act violation is reviewed for an abuse of discretion. See United States v. McKoy, 78 F.3d 446, 448 (9th Cir.1996). We will affirm the conviction if the Jencks Act violation is “more than likely harmless.” United States v. Brumel-Alvarez, 991 F.2d 1452, 1457 (9th Cir.1992) (as amended).

Assuming for the purpose of argument that the delayed production of the portion of grand jury testimony at issue here did involve Jencks Act material, which we need not decide, the alleged error was more than likely harmless. The statement lacked impeachment value. See United States v. Ogbuehi 18…