United States v. Lopez-Lopez
Opinion of the Court
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. denied, - U.S. -, 128 S.Ct. 2902, - L.Ed.2d - (2008). A Lord/Westerdahl hearing was not necessary because Lopez-Lopez failed to establish a prima facie showing on this record that the government distorted the judicial fact-finding process through prosecutorial misconduct. See Williams v. Woodford, 384 F.3d 567, 600 (9th Cir. 2004); United States v. Westerdahl, 945 F.2d 1083, 1086 (9th Cir. 1991). Even if the district court had erred, reversal is unnecessary because any potential error did not “seriously affect[] the fairness, integrity, or public reputation of judicial proceedings.” United States v. Jordan, 256 F.3d 922, 931 (9th Cir. 2001) (internal quotation marks omitted).
We review de novo the district court’s application of the standard of proof for sentencing enhancements. See United
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Benjamin LOPEZ-LOPEZ
- Status
- Published