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U.S. v. THOMS

No. 11-30120.

684 F.3d 893 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Jennifer Anne THOMS; Trace Rae, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2012.

Attorney(s) appearing for the Case

Kirby Heller (argued), United States Department of Justice, Appellate Section, Criminal Division, Washington, D.C.; Jo Ann Farrington and Stephan A. Collins , United States Department of Justice, Office of the United States Attorney, Anchorage, AK, for the plaintiff-appellant.

George J. Dozier, Jr. (argued) and Rex Lamont Butler , Rex Lamont Butler and Associates, Anchorage, AK, for defendant-appellee Trace Thoms.

Vikram N. Chaobal , Law Office of Vikram N. Chaobal, Anchorage, AK, for defendant-appellee Jennifer Thoms.

Before: RONALD M. GOULD, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

In a criminal pre-trial matter, it is well established in our circuit and in most others that, if a district judge is inclined to depart from credibility findings of a magistrate judge that were favorable to the defendant, he may only do so after holding a de novo evidentiary hearing. See United States v. Ridgway, 300 F.3d 1153 (9th Cir.2002). This right is grounded in the Due Process Clause...

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