Diaz

MEMORANDUM *

Ronald Ray Diaz appeals his conviction *283 and sentence. We affirm.

Diaz argues that his wife should have been allowed to testify on his behalf. This court reviews a lower court’s evidentiary rulings for abuse of discretion. United States v. Klinger, 128 F.3d 705, 709 (9th Cir.1997). Diaz appears to allege that the trial court violated the Sixth Amendment by barring Mrs. Diaz from testifying. The court did not do so. Instead, the court instructed Diaz’s lawyer to refrain from asking questions that would cause Mrs. Diaz to invoke her Fifth Amendment right against self-incrimination. A criminal defendant has no right to call a witness whom he knows will invoke the Fifth. Klinger, 128 F.3d at 709 . Here, Diaz’s lawyer knew Mrs. Diaz would invoke the Fifth, so the court did not abuse its discretion in barring such questioning.

Diaz also argues that the court denied him an evidentiary hearing to determine whether Mrs. Diaz would in fact invoke the Fifth. Ordinarily, a district court must hold a hearing to decide whether a witness will invoke the Fifth. Klinger, 128 F.3d at 709 . A court can bypass this step, however, based on the attorneys’ representations that the…