United States Ninth Circuit

Defendant's drug conviction is affirmed where the district court abused its discretion under the Jencks Act when it did not strike the testimony of a government agent whose grand jury testimony transcript could not be produced, but the error was harmless because the agent's testimony played only a small part in the government's case.

Appellate Information

• Argued 12/10/2008
• Decided 08/26/2009
• Published 08/26/2009

Judges

• WALKER, Chief District Judge:, Before: SIDNEY R. THOMAS and RICHARD A. PAEZ, Circuit Judges, and VAUGHN R. WALKER, Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Francisco León, Francisco León P.C., Tuscon, AZ, for the appellant.


• For Appellees:
  
• Diane J. Humetewa, United States Attorney, District of Arizona, Christina M. Cabanillas, Appellate Chief and Bruce M. Ferg, Assistant United States Attorney, Tuscon, AZ, for the appellee.