United States Ninth Circuit

Convictions for conspiracy to possess methamphetamine with intent to distribute are affirmed after review by the court en banc where: 1) the court holds that, if a defendant raises a Confrontation Clause challenge based on the exclusion of an area of inquiry, the 9th Circuit will review de novo, while a challenge to a trial court's restrictions on the manner or scope of cross-examination on nonconstitutional grounds is reviewed for abuse of discretion; and 2) although defendants' Confrontation Clause rights were violated, the error was harmless beyond a reasonable doubt.

Appellate Information

• Argued 03/20/2007
• Decided 08/01/2007
• Published 08/01/2007

Judges

• Before:  MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, STEPHEN REINHARDT, PAMELA ANN RYMER, HAWKINS, SUSAN P. GRABER, KIM McLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, RICHARD R. CLIFTON, CARLOS T. BEA, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, MT, and James B. Obie, Helena, MT, for the defendants-appellants., Joseph E. Thaggard, Assistant United States Attorney, United States Attorney's Office, Great Falls, MT, for the plaintiff-appellee.