(caption unavailable)

*Senior Judge for the Second Circuit Court of Appeals,
sitting by designation.
**Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the Court has determined
that this opinion should not be published.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 92-8682
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
OCTAVIO CARREON, and
ARMANDO MELENDEZ,
Defendants-Appellants.
Appeal from the United States District Court
For the Western District of Texas
(EP-92-CR-133-4)
April 19, 1994
Before VAN GRAAFEILAND*, SMITH, and WIENER, Circuit Judges
PER CURIAM**:
SUPPLEMENTAL OPINION
Defendant-Appellant Armando Melendez requested access to the
Presentence Investigation Reports ("PSRs") of all government
coconspirators-witnesses who testified against him. Melendez

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1978 F.2d 903, 908-09 (5th Cir. 1992), cert. denied, 113
S.Ct. 2429 (1993).
2 United States v. Carreon, 11 F.3d 1225, 1238 (5th Cir.
1994).
2
premised his request on the theory that these witnesses switched
from implicating his father (who is now dead) to implicating him as
the head of the marijuana-smuggling Melendez organization in order
to increase the value of their testimony to the government))hence
the size of their downward departures under a 5K1.1 motion.
Working from the established premise that information
contained in a PSR is confidential, the district court denied this
request. Subsequent to trial, in United States v. Jackson,1 we
held that the trial court should examine in camera any requested
PSRs of government witnesses, and should release any exculpatory or
impeachment information contained therein to the defendant, while
protecting the confidentiality of the rest of the PSR.
In our original opinion for this appeal,2 we remanded))but did
not reverse))the conviction of Melendez to permit the district
court to make in camera findings regarding the possible presence of
material Brady or Giglio information in the requested PSRs. We
also asked the district court to make the requested PSRs a part of
the record. The district court has now done so under seal.
The district court found that these PSRs contained no material
Brady or Giglio information. Our independent review of the same
PSRs leads us to the same conclusion. We also specifically note
that these PSRs offer no support for Melendez's "switching leader"
theory.

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3
For the foregoing reasons, Melendez's judgment of conviction
is
AFFIRMED.

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