Tapia

MEMORANDUM *

Defendant Saul Tapia appeals his conviction and sentence for importing marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the conviction, and remand the sentence for further consideration.

A. Rivas’s Plea Agreement

Tapia first argues that the government violated his due process rights by not disclosing the entirety of its plea agreement with prosecutorial witness Maribel Rivas. We review this claim de novo. United States v. Cooper, 173 F.3d 1192, 1203 (9th Cir.1999) (citations omitted). Due process requires that the government disclose certain impeachment material to the defense, including plea agreements with witnesses. See Giglio v. United States, 405 U.S. 150, 154-55 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972). At Tapia’s trial, Rivas explained that she had agreed to testify pursuant to a plea bargain. She had pled guilty to a reduced charge, but still faced a potential sentence of five years in prison, a fine, and deportation. After Tapia’s trial, and approximately two months after he was sentenced, the government…