United States Ninth Circuit

In a case in which the defendant, who was previously convicted in California state court for the same conduct, moved to compel information he contends will support a motion to dismiss the federal indictment under the Double Jeopardy Clause, his conviction for being a felon in possession of a firearm and ammunition is affirmed where the district court did not err in denying the defendant’s request for that information because the defendant failed to make the requisite showing of materiality under Fed. R. Crim. P. 16 and failed to adequately challenge the government’s representation that it does not have any Brady material.

Appellate Information

• Published 2016/11/08

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel