United States of America, Plaintiff-appellee, v. Donald Gene Henthorn, Defendant-appellant, 985 F.2d 575 (9th Cir. 1992)

MEMORANDUM^** 

This matter is before us following our remand instructing the district court to review the personnel files of Customs Agent Ronald Ingleby and DEA Special Agent Michael Harper to determine, by in camera inspection, whether information in the files should have been disclosed as possible impeachment material in Henthorn's trial. Our decision is reported at 931 F.2d 29 (9th Cir. 1991).

The district court conducted the review and determined that there was no information that could be considered impeachment material nor any information that would entitle the defendant to a new trial in the files.

On appeal, the appellant asks us to review, in camera, the material, and we have done so. We agree with the district court's conclusions. Both files contain numerous commendations, nothing indicating dishonesty or perjurious conduct, and nothing bearing on appellant's case.

The appellant also asks us to direct the district court to review the files of all of the government's witnesses. We decline to do so because the appellant at trial requested the district court to review only the files of these two agents.

The district court did not violate any of the defendant's rights when it spread the mandate from our previous decision and conducted the in camera review outside the presence of the appellant. Such proceedings were not a part of the prosecution or trial of this matter.

AFFIRMED.