United States Ninth Circuit

A district court abuses its discretion when it reverses a magistrate judge's credibility determinations, made after receiving live testimony and favorable to the government, without viewing key demeanor evidence, with one exception: where the district judge finds that the magistrate judge's credibility determinations had no legally sufficient evidentiary basis, so that, were they jury determinations, judgment as a matter of law would issue for the defendant.

Appellate Information

• Decided 06/29/2012
• Published 06/29/2012

Judges

• Bea

Court

• United States Ninth Circuit

Counsel