United States v. Gabriel Gonzalez-Perez

MEMORANDUM

Defendant-Appellant Gabriel Gonzalez^ Perez appeals his conviction and sentence for three counts related to his distribution of heroin. See 21 U.S.C. § 841 . Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

Gonzalez contends that the district court’s ruling limiting his questioning of the government’s confidential informant denied him “a meaningful opportunity to present a complete defense.” Holmes v. South Carolina, 547 U.S. 319, 324 , 126 S.Ct. 1727 , 164 L.Ed.2d 503 (2006). This argument fails because the district court’s ruling did not “infring[e] upon a weighty interest of the accused” and was not “ ‘arbitrary’ or ‘disproportionate to the purposes [it was] designed to serve.’ ” Id. (citations omitted).

Gonzalez also contends that he is entitled to a new trial because the district court erred by refusing to compel the government to grant use immunity to the informant. We apply a two-prong test to determine whether due process requires that “the district court impede on the discretion of the executive branch and compel use immunity....”…