United States v. Hector Hernandez-Urista

PAUL KELLY, Jr., Circuit Judge.

Hector Hernandez-Urista appeals from his conviction of conspiracy to possess with intent to distribute marijuana, 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(C). Mr. Hernandez-Urista argues that (1) his Sixth Amendment right to compulsory process was denied when his request for a subpoena pursuant to Fed.R.Crim.P. 17(b) was rejected, and (2) the jury was instructed incorrectly on his defense of public authority. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Background

In November 1991, Mr. Hernandez-Urista entered into a Cooperating Individual’s…