United States v. Paulino Lopez-Rivas

MEMORANDUM

Paulino Lopez-Rivas appeals his conviction of conspiracy to possess 1000 kilograms of marijuana with the intent to distribute and the 168-month custodial sentence imposed by the district court. Lopez-Rivas maintains that a new trial is warranted because the government failed to disclose material impeachment evidence about a key government witness in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Lopez-Rivas further contends his Fifth and Sixth Amendment rights were violated by the district court’s failure to declare a mistrial. Finally, Lopez-Rivas argues the district court erred in calculating his sentencing guidelines range, specifically by imposing a two-level enhancement for possession of a firearm and a three-level enhancement for Lopez-Rivas’s role in the conspiracy. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A district court’s denial of a mistrial based on an alleged Brady violation is reviewed de novo. United States v. Howell, 231 F.3d 615, 624 (9th Cir.2000). Lopez-Rivas argues that his Fifth Amendment Due Process and Sixth Amendment Confrontation Clause rights were violated by the failure of the…