United States v. Hector Lopez-Banuelos

MEMORANDUM

Hector David Lopez-Banuelos, while on probation, was subjected to a legal search at his home, where drugs, drug paraphernalia, a loaded firearm, and ammunition were found. At trial, a jury found him guilty on four counts of drug and firearm violations. Lopez-Banuelos appeals his conviction and sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Banuelos asserts that his Sixth Amendment rights were violated when the district court refused to compel the government to grant use immunity to his wife during the suppression hearing. A violation of the Sixth Amendment right to make a defense is reviewed de novo. United States v. Stever, 603 F.3d 747, 752 (9th Cir. 2010). Whether a district court erred by refusing to compel the government to grant immunity to a defense witness is a mixed question of law and fact reviewed de novo, and the underlying factual findings are reviewed for clear error. United States v. Wilkes, 662 F.3d 524, 532 (9th Cir. 2011).

The executive branch has the sole authority and discretion to grant immunity to a prospective defense witness. United States v. Straub, 538 F.3d 1147, 1156 (9th Cir. 2008). In Straub , we clarified…