United States of America v. Sharron Crabb

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHARRON CRABB,
Defendant-Appellant.
No. 16-10194
D.C. No. 2:12-cr-00321-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Sharron Crabb appeals from the district court’s judgment revoking
probation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Crabb contends that the prosecution violated Brady v. Maryland, 373 U.S.
83 (1963), by failing to disclose a publicly available 2009 study regarding the
FILED
APR 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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possibility of false positive tests among persistent marijuana users. Because Crabb
did not raise this claim in the district court, we review for plain error. See United
States v. Guzman-Padilla, 573 F.3d 865, 890 (9th Cir. 2009).
Assuming without deciding that Brady applies in probation revocation
proceedings, Crabb cannot establish plain error. The record reflects that Crabb
accessed the study at issue on a public website. Therefore, she cannot show any
suppression by the government. See United States v. Aichele, 941 F.2d 761, 764
(9th Cir. 1991). Even if Crabb could show that the report was suppressed, she has
not shown that there was a reasonable probability of a different result if the report
had been produced. See Kyles v. Whitley, 514 U.S. 419, 434 (1995). The record
reflects that the district judge considered Crabb’s arguments about the possible
effect of her previous heavy marijuana use on her test results, and was persuaded
that the report submitted by the government established Crabb’s reuse of marijuana
in violation of her conditions of probation.
AFFIRMED.
16-10194 2

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