United States Ninth Circuit

District court's convictions of two defendants for multiple crimes arising from one of the largest "busts" of stolen items in Guam's history, is reversed as to one defendant and affirmed as to the other where: 1) the district court did not err by deciding not to exclude the stolen items, drugs, and other paraphernalia found in the compound; 2) the district court abused its discretion in admitting the former testimony of an officer under Rule 804(b)(1) because it incorrectly concluded that defense counsel had similar motive to cross examine the officer when it questioned him at the suppression hearing as it would have had at the trial, and because defendant's statement was admitted through the officer's former testimony, that conviction is reversed; but 3) the conviction is affirmed as to the other defendant as it was supported by sufficient evidence.

Appellate Information

• Decided 08/16/2012
• Published 08/16/2012

Judges

• Wardlaw

Court

• United States Ninth Circuit

Counsel