UNITED STATES v. ARMIJO-MARTINEZ

No. 80-1798.

669 F.2d 1131 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos ARMIJO-MARTINEZ and Carlos Armijo-DeLeon, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 5, 1982.


Attorney(s) appearing for the Case

James S. Brady, U. S. Atty., Agnes Kempker-Cloyd, Grand Rapids, Mich., Frank O. Bowman, III, Lauri Steven Filppu, Dept. of Justice, Gen. Litigation and Legal Advice Section, Washington, D. C., for plaintiff-appellant.

Michael W. Sefton, Norman Kravitz, Grand Rapids, Mich., for defendants-appellees.

Before LIVELY and KENNEDY, Circuit Judges, and PECK, Senior Circuit Judge.


LIVELY, Circuit Judge.

This appeal concerns the compulsory process guarantee of the Sixth Amendment. The first question is whether the government may, by its unilateral action, make material witnesses in a criminal prosecution unavailable to the defendant. We hold that such action by the government violates constitutional rights of the defendant. The second question is what showing must be made by a defendant who has suffered this constitutional deprivation in order...

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