United States of America, Plaintiff-appellee, v. Ramon Lopez, Defendant-appellant, 141 F.3d 1181 (9th Cir. 1998)

MEMORANDUM^* 

Ramon Lopez, a federal prisoner, appeals pro se the district court's denial of his motion to disclose grand jury materials in connection with his 1993 jury conviction for conspiracy to possess with intent to distribute heroin, and for possession with intent to distribute heroin. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

Lopez contends that the district court abused its discretion by denying his motion to compel disclosure of grand jury proceedings, brought pursuant to Federal Rule of Criminal Procedure 6(e) (3) (C) (i). This contention lacks merit because Lopez has not demonstrated that the materials sought are necessary to avoid an injustice in another legal proceeding. See Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211, 222-23, 99 S. Ct. 1667, 60 L. Ed. 2d 156 (1979). Nor has he shown a particularized need for those materials which outweighs the public interest in continued secrecy of grand jury operations. See id.; United States v. Sells Engineering, Inc., 463 U.S. 418, 443, 103 S. Ct. 3133, 77 L. Ed. 2d 743 (1983).

AFFIRMED.