United States Fifth Circuit

Defendant's conviction for inducing another to unlawfully enter the U.S. is vacated, where the government introduced a videotaped deposition of a witness at trial, and Defendant was deprived of his Sixth Amendment right to cross-examine the witness because there was an insufficient showing that the witness was unavailable.

Appellate Information

• Decided 03/19/2009
• Published 03/19/2009

Judges

• BENAVIDES, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Assist. U.S. Atty., Mara A. Blatt (argued), San Antonio, TX, for U.S., Richard E. Mattersdorff (argued), El Paso, TX, for Tirado-Tirado.