United States v. Juan Robles

MEMORANDUM

Juan Robles appeals his conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(D), on the ground that the district court erred in admitting at trial evidence derived from information he provided in a “free talk” conducted pursuant to an informal immunity agreement. Robles also appeals his sentence. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo the interpretation of an informal immunity agreement, applying ordinary contract law principles and accepting factual determinations unless they are clearly erroneous. United States v. Dudden, 65 F.3d 1461, 1467 (9th Cir.1995). If in such an agreement the government “promises that the statements will not be used against the defendant, it is also precluded from using the statements to uncover other incriminating evidence, unless the agreement expressly provides otherwise.” Id. (emphasis added). Robles’s agreement unambiguously provided that, notwithstanding the government’s promise not to offer in its case-in-chief or at sentencing “any statements made by [Robles] at the meeting,” the government could use “information derived directly or…