Blowers

MEMORANDUM **

Blowers appeals from his conviction of conspiracy ( 18 U.S.C. § 371 ), depredation of United States property ( 18 U.S.C. § 1361 ), injury to trees ( 18 U.S.C. § 1853 ), destruction of an archaeological resource (16 U.S.C. § 470ee), and trespass ( 43 C.F.R. § 2920.1-2 ). We have jurisdiction pursuant to 18 U.S.C. § 3231 , and we affirm.

Blowers first argues that the government violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), when it failed to turn over evidence relating to the criminal history of one of its witnesses, Mark Anderson. We review the district court’s denial of Blowers’ motion for a new trial on this ground de novo. See United States v. Ogles, 406 F.3d 586, 591 (9th Cir.2005).

To prevail on his Brady claim, Blowers was required to show that the evidence relating to Mark Anderson (1) was “exculpatory or impeaching,” (2) “should have been, but was not produced,” and (3) “was material to his guilt or punishment.” Id. Blowers’ claim fails at the first step of this analysis. At the time of trial, the only evidence in the government’s possession relating to Anderson’s criminal history was a single telephone call in which he…