Calderon-Perez

MEMORANDUM **

David Humberto Calderon-Perez appeals his conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(vii) and 846; possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(vn); and use of a firearm during and in connection with a drug trafficking offense, in violation of 18 U.S.C. § 924 (c)(1)(A)(i). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Calderon-Perez contends that the Government violated his due process rights when it failed timely to produce a transcript of a witness’s grand jury testimony prior to that witness testifying at trial. Because the grand jury testimony was not favorable to the defendant, and not material as to credibility or guilt, Calderon-Perez’s due process rights were not violated. See Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963); Benn v. Lambert, 283 F.3d 1040, 1052-53 (9th Cir.2002). To the extent that Calderon-Perez contends that the Government violated the Jencks Act and the Federal Rules of Criminal Procedure, his claim is unsupported by the text of the statute and rules,…