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U.S. v. WICKER

Nos. 87-2526, 87-2527.

848 F.2d 1059 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Tony Ray WICKER and Vickie Siler, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 6, 1988.

Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty. for the District of New Mexico (William L. Lutz, U.S. Atty. for the District of New Mexico, with him on the brief), for plaintiff-appellant.

Peter Schoenburg, Federal Public Defender Office, Albuquerque, N.M., for defendant-appellee Wicker.

James Rawley of James Rawley and Associate (Joy Christenberry of James Rawley and Associate, with him on the brief), Albuquerque, N.M., for defendant-appellee Siler.

Before McKAY and BRORBY, Circuit Judges, and BOHANON, District Judge..

McKAY, Circuit Judge.

The issue presented in this case is whether the district court abused its discretion in suppressing the testimony and laboratory report of a government expert as a sanction for the government's failure to comply with a discovery order.

I.

On August 5, 1987, Tony Ray Wicker and Vickie Siler were charged in a four-count superseding indictment with violating 21 U.S.C. § 856 (Supp...

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