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U.S. v. STRAUB

No. 07-30182.

538 F.3d 1147 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Edward STRAUB, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2008.

Attorney(s) appearing for the Case

Jeff S. Pitzer, Portland, OR, for the appellant.

Kelly A. Zusman, Assistant United States Attorney, United States Attorney for the District of Oregon, Portland, OR, for the appellee.

Before: D.W. NELSON, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Dwayne Edward Straub challenges his conviction and sentence for narcotics crimes and the attempted robbery and shooting of Robert Garrett in Portland, Oregon. Straub claims that the district court's refusal to compel the prosecution to grant use immunity to defense witness Mike Baumann violated his due process rights under the Fifth Amendment. This case requires us to clarify the standard by which we determine when a district court must compel...

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