Lopez-Lopez

United States v. Lopez-Lopez

Good Law
282 F. App'x 612
United States Court of Appeals for the Ninth CircuitJune 16, 2008No. 07-50294California442 words

Opinion

Lead Opinion

MEMORANDUM **

Benjamin Lopez-Lopez (“Lopez-Lopez”) appeals the district court’s qualification of the prosecution’s expert witness; its refusal to sua sponte hold an evidentiary hearing on whether to grant immunity to Juan Lopez-Lopéz (“Juan”); and its reliance on the methamphetamine conspiracy as relevant conduct to enhance Lopez-Lopez’s sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in qualifying Officer Julian Villagomez (“Villagomez”) as an expert in drug organizational structure. See United States v. Hankey, 203 F.3d 1160, 1166-70 (9th Cir.2000). Even if the district court erred in admitting Villagomez’s expert testimony with respect to drug jargon, it was harmless because it is more probable than not that any erroneously admitted interpretations of coded terms did not affect the verdict. See United States v. Hermanek, 289 F.3d 1076, 1092-93, 1096-97 (9th Cir.2002).

Because Lopez-Lopez neither asked the prosecutor to grant use immunity to Juan nor asked the district court to force the government to do so we review for plain error. See United States v. Mitchell, 502 F.3d 931, 970 (9th Cir.2007), cert.…

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