U.S. v. NEGRETE-GONZALES

Nos. 90-30306, 90-30318.

966 F.2d 1277 (1992)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Jorge NEGRETE-GONZALES, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Rogelio MENDOZA-BARAJAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1992.


Attorney(s) appearing for the Case

John A. Maxwell, Jr., Meyer, Fluegge & Tenney, for defendant-appellant Negrete-Gonzales.

Victor H. Lara, Kurtz, Hurley & Lara, Yakima, Wash., for defendant-appellant Mendoza-Barajas.

Gregory M. Shogren, Asst. U.S. Atty., Yakima, Wash., for plaintiff-appellee.

Before: BROWNING, WRIGHT and FERNANDEZ, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The two defendants here may or may not have conspired to sell cocaine, but a trial rife with error denied them their fundamental right to make the government prove its case. The district court arbitrarily struck the testimony of the key defense witness, permitted the government's ill-advised inquiry into the defendants' post-arrest silence, and misinstructed the jury. We reverse and remand...

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