U.S. v. ALTMAN

No. 06-4023.

507 F.3d 678 (2007)

UNITED STATES of America, Appellant, v. Onterrail Remond ALTMAN, also known as Onterrail Redmond Altman, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 5, 2007.


Attorney(s) appearing for the Case

John Courter, AUSA, argued, Richard E. Rothrock, AUSA, on the brief, Des Moines, IA, for appellant.

James R. Cook, argued, Des Moines, IA, for appellee.

Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.


WOLLMAN, Circuit Judge.

The United States filed this interlocutory appeal from the district court's order excluding one of its witnesses, Ronnie Lee Cyrus, Jr., from testifying in the trial of Onterrail Remond Altman. We hold that the district court abused its discretion in excluding Cyrus because there was no untimely disclosure and no other adequate reason for the exclusion.

I. Background

Altman and Cyrus were arrested separately, but as a part of...

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