Roca-Suarez

MEMORANDUM *

Appellant, Jorge Roca-Suarez (“RocaSuarez”) moved to vacate, set aside, or correct his conviction and sentence pursuant to 28 U.S.C. § 2255 . The district court denied his motion, and granted him a certificate of appealability on three of his claims. On appeal, Roca-Suarez argues that the district court erred in denying relief for his Kastigar, Ratzlaf and jurisdiction claims. These issues were not raised on direct appeal. Nevertheless, Roca-Suarez contends that he is entitled to relief because his counsel was ineffective for failing to raise these challenges, thereby estabhshing cause and prejudice. 1 United States v. Johnson, 988 F.2d 941, 945 (9th Cir.1993).

*725 DISCUSSION

1. Kastigar Claim

When a defendant accuses the government of using immunized testimony in a criminal proceeding, the burden is on the government to establish that it had an “independent, legitimate source for the disputed evidence.” Kastigar v. United States, 406 U.S. 441, 460 , 92 S.Ct. 1653 , 32 L.Ed.2d 212 (1972) (citation omitted).

Roca-Suarez alleges that immunized testimony was used against him in a variety of instances. He argues that the testimony was used: 1) to obtain the First…