United States Ninth Circuit

Defendant's drug conspiracy conviction is reversed where: 1) the evidence as to which defendant requested discovery, if it existed, tended to show that a Mexican drug trafficking organization (DTO), not defendant, planted the marijuana at issue; and 2) the combination of this discovery ruling and the in limine exclusion of all evidence about Mexican DTOs violated his Sixth Amendment right to present a defense.

Appellate Information

• Argued 12/09/2009
• Decided 05/04/2010
• Published 05/04/2010

Judges

• Before JEROME FARRIS, DOROTHY W. NELSON and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Bryan E. Lessley and Tonia L. Moro, Assistant Public Defenders, for the defendant-appellant., Kent S. Robinson, Acting U.S. Attorney, and Douglas W. Fong, Assistant U.S. Attorney, for the plaintiff-appellee.