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U.S. v. TAVAREZ

No. 09-3879.

626 F.3d 902 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo TAVAREZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 2010.

Attorney(s) appearing for the Case

Barry D. Glickman (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Michael J. Donahoe (argued), Juval O. Scott , Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before BAUER, SYKES, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Based on information provided by a confidential informant, appellant Lorenzo Tavarez was arrested and charged with two counts of distributing methamphetamine. Despite the informant's unexplained absence at trial, a jury convicted Tavarez on all charges. Tavarez now argues that the district court erred by refusing to give the jury a requested "missing witness" instruction and that, without the informant's testimony, the evidence was insufficient...

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