Muirs

MEMORANDUM *

Rasford Muirs was convicted of conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 and 846. Muirs argues his conviction must be reversed because the government denied him due process by impeding his access to testifying co-conspirators. The claim that government conduct is so outrageous it violates due process is reviewed de novo. United States v. Gurolla, 333 F.3d 944, 950 (9th Cir.2003). Although we have recognized that government interference with defense access to witnesses implicates due process, see, e.g., United States v. Mendez-Rodriguez, 450 F.2d 1, 5 (9th Cir.1971) (finding a due process violation where the government deported several witnesses), it will not serve as grounds for reversal in the absence of evidence of prejudice, United States v. Cook, 608 F.2d 1175, 1182 (9th Cir.1979), overruled on other grounds by Luce v. United States, 469 U.S. 38 , 105 S.Ct. 460 , 83 L.Ed.2d 443 (1984). Because Muirs failed to establish prejudice, we affirm his conviction.

Muirs also challenges his sentence. He argues the district court erred in classifying him as a career offender, a determination we review de novo. United States…