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U.S. v. TORREZ-ORTEGA

Nos. 97-8094, 97-8095, 97-8096.

184 F.3d 1128 (1999)

UNITED STATES of America, Petitioner-Appellee, v. Anjel TORREZ-ORTEGA, Defendant-Appellant. United States of America, Petitioner-Appellee, v. Leonard Lee Uram, Defendant-Appellant. United States of America, Petitioner-Appellee, v. Anthony M. Flores, also known as Joseph Hernandez, also known as Christino, also known as Bellota, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 1, 1999.

Attorney(s) appearing for the Case

Michael H. Reese, Wiederspahn, Liepas & Reese P.C., Cheyenne, Wyoming, for Defendant-Appellant Torrez-Ortega.

Donald E. Miller, Graves, Miller & Kingston, P.C., Cheyenne, Wyoming, for Defendant-Appellant Uram.

Ronald G. Pretty, Cheyenne, Wyoming, for Defendant-Appellant Flores.

David A. Kubichek, Assistant U.S. Attorney (David D. Freudenthal, U.S. Attorney and Patrick J. Crank, Assistant U.S. Attorney with him on the briefs), Casper, Wyoming, for Plaintiff-Appellee.

Before EBEL, HENRY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This direct appeal of appellants' convictions for conspiracy to violate federal drug laws presents several issues, one of which is precedential in this circuit. We must decide whether a witness who asserts an illegitimate claim of privilege, and essentially refuses to answer questions at trial, is available and subject to cross-examination within the meaning of the Confrontation Clause and Rule 801(d)(1) of the Federal Rules of Evidence. Such...

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