Dobrovolny

MEMORANDUM *

William Franklin Dobrovolny appeals the denial of his 28 U.S.C. § 2254 habeascorpus petition which challenged his conviction for bringing a weapon into or within the grounds adjacent to a jail. See CahPenal Code § 4574. 1 We have jurisdiction under 28 U.S.C. §§ 1291 & 2253, and we affirm.

The state court’s ruling that the withheld impeachment evidence about Saucedo was immaterial did not violate clearly established federal law because all of the witnesses, including Dobrovolny, testified that Dobrovolny sat on a planter attached to the jail with two concealed knives before attempting to enter the jail. See Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Saucedo’s personnel file and work history were immaterial because Dobrovolny’s offense was complete when he carried the knives onto the jail grounds. See Kyles v. Whitley, 514 U.S. 419, 434 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995) (holding that evidence is material if it gives rise to a reasonable probability of a different trial result such that confidence in the jury’s verdict is undermined).

Dobrovolny’s counsel was not constitutionally defective because no prejudice could result…