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U.S. v. JOHNSON

Nos. 10-50401, 10-50407.

767 F.3d 815 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Antoine Lamont JOHNSON, aka O Killer, AKA OK, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Dennis Williams, aka Baby Treystone, aka Treystone, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2014.

Attorney(s) appearing for the Case

Benjamin L. Coleman , Coleman & Balogh LLP, San Diego, CA; Ethan A. Balogh (argued), Coleman & Balogh LLP, San Francisco, CA, for Defendant-Appellant Antoine Lamont Johnson.

John C. Lemon (argued), San Diego, CA, for Defendant-Appellant Michael Dennis Williams.

André Birotte Jr. , United States Attorney, Robert E. Dugdale , Karen I. Meyer , and Elizabeth R. Yang (argued), Assistant United States Attorneys, Los Angeles, CA, for Plaintiff-Appellee United States of America.

Before: MARY M. SCHROEDER and RICHARD R. CLIFTON, Circuit Judges, and JOHN R. TUNHEIM, District Judge.

OPINION

SCHROEDER, Circuit Judge:

The world of evidence was shaken about ten years ago when the Supreme Court ruled that out-of-court "testimonial" statements of unavailable witnesses can be admitted only if they have been subject to cross-examination, regardless of the indicia of reliability. Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). This criminal appeal presents an issue of first...

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