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U.S. v. JUAN

No. 11-10539.

704 F.3d 1137 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jarvis Martin JUAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2013.

Attorney(s) appearing for the Case

Daniel Kaplan , Assistant Federal Public Defender (argued), Phoenix, AZ, for Defendant-Appellant.

Joan G. Ruffennach , Assistant United States Attorney (argued), Phoenix, AZ, for Plaintiff-Appellee.

Before: ROBERT D. SACK, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Appellant Jarvis Martin Juan appeals his conviction and sentencing for felony and misdemeanor assault. Juan challenges his conviction on due-process grounds, claiming his constitutional rights were violated where the prosecution "threatened" one of its own witnesses with possible perjury charges, allegedly causing the witness to change her previously exculpatory trial testimony to be inculpatory. Because Juan cannot meet...

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