United States Ninth Circuit

Trial courts may prohibit all communication between a defendant and his lawyer during a brief recess before or during cross-examination, but may not, under the Sixth Amendment, restrict communications during an overnight recess. A conviction for conspiracy to sell methamphetamine is reversed where the district court abused its discretion in excluding expert testimony about the defendant-s subnormal intelligence in the context of an entrapment defense.

Appellate Information

• Argued 04/12/2005
• Decided 12/27/2006
• Published 12/27/2006

Judges

• KLEINFELD, Circuit Judge., Before ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and ANDREW J. KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marc J. Zilversmit, San Francisco, CA, for appellant Eduardo Sandoval-Mendoza.


• For Appellees:
  
• Erika R. Frick, Assistant U.S. Attorney, San Francisco, CA, for the appellee.