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U.S. v. LOPEZ-AVILA

No. 11-10013.

666 F.3d 622 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Aurora LOPEZ-AVILA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2012.

Attorney(s) appearing for the Case

Robert L. Miskell , Office of the United States Attorney, Tucson, AZ, for plaintiff-appellee.

Mark F. Williman , Tucson, AZ, for the defendant-appellant.

Before: JOHN T. NOONAN and CARLOS T. BEA, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

OPINION

BEA, Circuit Judge:

On the second day of trial in this drug trafficking prosecution, during the cross-examination of Defendant-Appellant Aurora Lopez-Avila, the prosecutor read back supposed testimony of Lopez-Avila from her earlier change of plea hearing. What he read back seemed to contradict Lopez-Avila's earlier statements on direct examination. Using this supposed prior testimony, the prosecutor—Assistant U.S. Attorney (AUSA) Jerry R...

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