Ubence-Angulo

United States v. Ubence-Angulo

Good Law
82 F. App'x 533
United States Court of Appeals for the Ninth CircuitNovember 19, 2003No. 02-50612; D.C. No. CR-01-02805-5-IEGCalifornia755 words

Opinion

Lead Opinion

*534 MEMORANDUM **

Ramon Alberto Ubence-Angulo (“Ubence-Angulo”) appeals his conviction and sentence, following a jury trial, for drug trafficking and conspiracy to traffic in illegal drugs, in violation of 21 U.S.C. §§ 841 and 846. Ubence-Angulo argues that the prosecution’s reliance upon perjured testimony requires reversal of his conviction. He further argues that the district court erred in denying his request for a minor role adjustment in imposing sentence for this conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

A. Ubence-Angulo Has Not Established That Galarza’s Testimony Was Untruthful

In challenging his conviction, Ubence-Angulo argues that his conviction should be set aside because the government had a duty to disclose that one of its principal witnesses, Ezequiel Galarza (“Galarza”), perjured himself when he testified that he had not received the benefit of a reduced sentence by agreeing to testify. If a prosecutor knowingly uses perjured testimony or knowingly fails to disclose that testimony is false, the conviction must be set aside if there is any reasonable likelihood that the false testimony could have affected the jury verdict. Ortiz…

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