Tinoco

MEMORANDUM **

Francisco Tinoco appeals from the jury-trial conviction and 188-month sentence imposed for conspiracy to distribute a controlled substance and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A)(viii), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Tinoco contends that he was entitled to a reduction in his offense level, pursuant to U.S.S.G. § 3B1.2, for playing a minor role in the offense. We disagree. The district court did not plainly err by not applying the adjustment because Tinoco was not substantially less culpable than his co-defendant. See United States v. Pizzichiello, 272 F.3d 1232, 1237 (9th Cir.2001).

Tinoco also contends that the government violated discovery laws by failing to advise the jury that charges against the co-defendant were dropped on the day he testified against Tinoco. We are unpersuaded. Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), requires that upon request, potentially exculpatory evidence that is known by the prosecution, must be given, not to the jury, but to the defense. See Brady, 373 U.S. at 87 , 83 S.Ct. 1194 .…