U.S. v. OSAZUWA

No. 08-50244.

564 F.3d 1169 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel OSAZUWA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2009.


Attorney(s) appearing for the Case

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

David P. Kowal and Benjamin R. Barron, Assistant United States Attorneys, Criminal Division, Los Angeles, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.


GRABER, Circuit Judge:

Defendant Daniel Osazuwa was convicted of assaulting a federal prison guard while he was incarcerated for failing to pay restitution associated with a bank fraud conviction. Defendant and the guard, who were the only two eyewitnesses, unsurprisingly offered different accounts of the events. The government cross-examined Defendant concerning his veracity. Defendant challenges the government's use, as impeachment evidence, of the facts underlying...

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