United States Ninth Circuit

Convictions for knowingly importing marijuana and possession of marijuana with intent to distribute are reversed where: 1) a Department of Homeland Security regulation, as applied in the prosecution at issue, violated due process by failing to provide reciprocal discovery and the error was not harmless; and 2) the district court violated defendant's Sixth Amendment rights by excluding an agent's entire testimony without weighing countervailing interests.

Appellate Information

• Argued 08/02/2005
• Decided 04/25/2006
• Published 04/25/2006

Judges

• Before:  CANBY, KOZINSKI, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kurt D. Hermansen, Federal Defenders of San Diego, Inc., San Diego, CA, for the appellant.


• For Appellees:
  
• Carol C. Lam, United States Attorney, Stephen R. Cook, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.