United States v. Ernesto Lopes Salsedo

At a jury trial in the district court, defendant was convicted of conspiracy to distribute and distribution of a controlled substance in violation of 21 U.S.C. §§ 841 and 846. On appeal, defendant raises a variety of issues, all of which are without merit.

First, defendant argues that basic notions of fundamental fairness were violated when the Assistant United States Attorney refused to call defendant as a witness before the grand jury that was considering his indictment. We disagree. A grand jury proceeding is not an adversary proceeding in which the guilt or the innocence of an accused is adjudicated. See, e. g., United States v. Calandra, 414 U.S. 338 , 343—44, 94 S.Ct. 613 , 38 L.Ed.2d 561 (1974). Thus, an accused has “. . .no right of cross-examination, or of introducing evidence to rebut [a] prosecutor’s presentation.” United States v. Y. Hata & Co., 535 F.2d 508, 512 (9th Cir.), cert. denied, 429 U.S. 828 , 97 S.Ct. 87 , 50 L.Ed.2d 92 (1976). Likewise, an accused has no right to be called as a witness before the grand jury that is considering his indictment, United States v. Donahey, 529 F.2d 831, 832 (5th Cir.), cert. denied, 429 U.S. 828 , 97 S.Ct. 85 , 50 L.Ed.2d 91…