Morales-Zavala

MEMORANDUM ***

Appellant Jorge Morales-Zavala appeals his conviction and five-year sentence for alien smuggling. For the reasons stated below, we affirm.

1. Appellant first claims that the government violated the Fifth and Sixth Amendments by deporting an allegedly material witness. We review de novo. United States v. Armenta, 69 F.3d 304, 306 (9th Cir.1995).

There was no constitutional violation because appellant has failed to show that the deported witnesses possessed material evidence that would have been favorable to his defense. See United States v. Dring, 930 F.2d 687, 693-94 (9th Cir.1991). There is no contention that any of the deported witnesses specifically denied that *824 Morales was the guide, or possessed any other potentially exculpatory evidence. Although one individual identified another person as a guide, he did not state that the person was the only guide. This is consistent with the account of all parties at trial—including Morales—who agreed that there were at least two guides. Therefore, the evidence possessed by the deported witnesses was, at best, neutral to appellant’s case. See United States v. Gastelum-Almeida, 298 F.3d 1167, 1174 (9th Cir.2002)…