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U.S. v. YIDA

No. 06-10460.

498 F.3d 945 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Yacov YIDA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2007.

Attorney(s) appearing for the Case

Josh A. Cohen (argued and on the brief), Assistant Federal Public Defender, and Barry J. Portman (on the brief), Federal Public Defender, San Francisco, CA, for defendant-appellee Yacov Yida.

Dana R. Wagner (argued and on the brief), Assistant United States Attorney, and Kevin V. Ryan, United States Attorney, Barbara J. Valliere, Assistant United States Attorney, Chief, Appellate Section, and James T. Chou, Assistant United States Attorney, San Francisco, CA, (on the brief) for plaintiff-appellant United States of America.

Before RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and ALFRED V. COVELLO, District Judge.

Opinion by Judge GOULD; Concurrence by Judge GOULD.

GOULD, Circuit Judge:

The United States government appeals the district court's order excluding the former trial testimony of witness David Reziniano in the retrial of defendant Yacov Yida. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731. We affirm the district court's decision excluding Reziniano's testimony.1

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