United States of America, Plaintiff-Appellant-Cross-Appellee v. John Boshell, Defendant-Appellee-Cross-Appellant

D.W. NELSON, Circuit Judge:

Boshell appeals from his conviction for conspiracy to knowingly and intentionally possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2. Boshell alleges the government failed to timely produce discovery in compliance with the Jencks Act, 18 U.S.C. § 3500, and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The government cross-appeals from the district court’s downward departure from the Sentencing Guidelines based on Boshell’s character and the disparity between the sentence he would have…