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U.S. v. PEREZ

No. 07-10289.

526 F.3d 543 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Janice L. PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2008.

Attorney(s) appearing for the Case

Peter C. Wolf, Federal Public Defender, Matthew C. Winter, Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant Janice Perez.

Edward H. Kubo, Jr., United States Attorney, Tracy A. Hino, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee United States of America.

Before: JOHN R. GIBSON, MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

We are called upon in this case to decide whether a person on supervised release has a right to cross-examine the laboratory technician who tested a urine sample containing an illegal drug, where: (1) the test report itself stated the sample was "dilute"1 — meaning the urine sample had been combined with another liquid at some point before or during the testing; (2)...

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