Bailey

MEMORANDUM *

Mark Bailey appeals his jury conviction and sentence for willfully subscribing false tax returns in violation of 26 U.S.C. § 7206 (1). Bailey argues that (1) the district court violated his Sixth Amendment right to compulsory process by allowing his co-defendant to assert her Fifth Amendment privilege against testifying, and that he was entitled to a continuance until his co-defendant was sentenced; and (2) the district court erred in applying a two-level upward adjustment under U.S.S.G. § 3Bl.l(c) to Bailey’s offense level for supervision of another’s criminal activity. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm both the conviction and the sentence imposed.

Because the parties are familiar with the facts, we include here only those facts *871 necessary to explain our decision. During Bailey’s trial, the district court conducted a hearing outside the presence of the jury, at which co-defendant Morgan asserted her privilege against compulsory self-incrimination. The court found her claim to be valid, and denied both Bailey’s request for a continuance and his alternative request to compel a grant of use immunity for Morgan’s…