Straub

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30182 Plaintiff-Appellee, D.C. No. v.  CR-04-00020-6-

DWAYNE EDWARD STRAUB, OMP

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding

Argued and Submitted June 3, 2008—Pasadena, California

Filed August 15, 2008

Before: Dorothy W. Nelson, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee

10679 10682 UNITED STATES v. STRAUB

COUNSEL

Jeff S. Pitzer, Portland, Oregon, for the appellant.

Kelly A. Zusman, Assistant United States Attorney, United States Attorney for the District of Oregon, Portland, Oregon, for the appellee. UNITED STATES v. STRAUB 10683

OPINION

BYBEE, Circuit Judge:

Dwayne Edward Straub challenges his conviction and sen- tence for narcotics crimes and the attempted robbery and shooting of Robert Garrett in Portland, Oregon. Straub claims that the district court’s refusal to compel the prosecution to grant use immunity to defense…