United States Ninth Circuit

In this case, defendant conditionally pled guilty to importing methamphetamine into the United States. Defendant challenges the district court's denial of her motion to dismiss the indictment on the basis that the government destroyed potentially useful evidence that might have supported her claim of duress. The order denying defendant's motion to dismiss the indictment is reversed and the case is remanded with directions to dismiss the indictment, where: 1) defendant's due process rights were violated because a Homeland Security agent, whose probable cause statement omitted any reference to defendant's claims of coercion or to her alleged conduct, knew of the potential usefulness of the evidence and acted in bad faith by failing to preserve it; and 2) defendant is unable to find comparable evidence to support her duress defense.

Appellate Information

• Decided 03/18/2015
• Published 03/18/2015

Judges

• Gettleman

Court

• United States Ninth Circuit

Counsel