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U.S. v. MARTINEZ-PEREZ

No. 89-2400.

916 F.2d 1020 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Santos MARTINEZ-PEREZ, and Jose Moises Rodriguez-Sanchez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

Lisa S. Brodyaga, Thelma O. Garcia, Harlingen, Tex., for defendant-appellant Martinez-Perez.

Timoteo E. Gomez, Brownsville, Tex. (Court-appointed), for defendant-appellant Rodriguez-Sanchez.

Richard A. Friedman, U.S. Dept. of Justice, Washington, D.C., Paula C. Offenhauser, Henry K. Oncken, U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before RUBIN, GARWOOD and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Two defendants, each convicted of various offenses arising out of an alien smuggling operation, appeal. One challenges his conviction on the ground that the district court erroneously admitted deposition testimony at trial without first requiring the Government to demonstrate the witness's unavailability, in violation of his sixth amendment right to confront adverse witnesses and Federal Rule of Criminal Procedure 15(a). We agree, and...

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