U.S. v. SIVILLA

No. 11-50484.

714 F.3d 1168 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Hugo SIVILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2013.


Attorney(s) appearing for the Case

Todd Burns , Burns & Cohan, San Diego, CA, for Appellant.

Bruce R. Castetter , and Joseph S. Smith Jr. , United States Department of Justice, San Diego, CA, for Appellee.

Before: HARRY PREGERSON, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.


OPINION

NOONAN, Circuit Judge:

This case allows us to clarify what a criminal defendant must show in order to receive relief when the government destroys evidence before trial. We hold that while Supreme Court precedent demands that a showing of bad faith is required for dismissal, it is not required for a remedial jury instruction. We therefore affirm the district court's denial of dismissal and reverse the denial of a remedial jury instruction. We remand...

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