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U.S. v. MARTINEZ

No. 95-20619.

87 F.3d 731 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Francisco Roberto MARTINEZ; Michael Hamaker; William Glenn Mitchell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Charles E. Lewis, U.S. Attorney's Office, Brownsville, TX, Paula Camille Offenhauser, Katherine L. Haden, U.S. Attorney's Office, Houston, TX, for the U.S.

Thomas J. Bevans, Houston, TX, for Francisco Roberto Martinez.

James Randall Smith, Houston, TX, for Michael Hamaker.

John Richard Donahue, Houston, TX, for Ignacio Barrera Perez.

Robert James Fickman, Houston, TX, for William Glenn Mitchell.

Before GARWOOD, DAVIS and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendants-appellees (defendants) were indicted — together with numerous other individuals — for various narcotics and racketeering offenses. The district court entered a pretrial order excluding the testimony of an important government witness on the basis that the government refused to comply with a court order to produce specified material under the Jencks Act, 18 U.S.C. § 3500. The government appeals this order excluding...

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