United States Ninth Circuit

Judgment of conviction on drug charges is: 1) affirmed in part, as to the district court's denial of dismissal where it found that there was no constitutional violation; and 2) reversed and remanded for a new trial with a remedial jury instruction, because when the government destroys evidence before trial, a showing of bad faith is required for dismissal but is not required for a remedial adverse-inference jury instruction.

Appellate Information

• Decided 05/07/2013
• Published 05/07/2013

Judges

• NOONAN

Court

• United States Ninth Circuit

Counsel