No. 22-30044.

UNITED STATES OF AMERICA, Plaintiff-Appellant, v. JAMES DEAN CLOUD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2024.

Attorney(s) appearing for the Case

William A. Glaser (argued), Attorney, Civil Division; Lisa H. Miller , Deputy Assistant Attorney General; Kenneth A. Polite, Jr. , Assistant Attorney General; United States Department of Justice, Washington, D.C.; Russel E. Moot , Assistant United States Attorney, Eastern District of Washington; David M. Herzog , Assistant United States Attorney; Vanessa R. Waldref , United States Attorney; Office of the United States Attorney, Spokane, Washington; for Plaintiff-Appellant.

Colin G. Prince (argued), Chief Appellate Attorney; Federal Defenders of Eastern Washington & Idaho, Spokane, Washington; Lorinda M. Youngcourt , Assistant Federal Public Defender; Federal Public Defenders of Eastern Washington & Idaho, Spokane, Washington; Paul E. Shelton, Jr. , Federal Defenders of Eastern Washington & Idaho, Yakima, Washington; Jeremy B. Sporn , Assistant Federal Public Defender; Office of the Federal Public Defender, Albany, New York; John B. McEntire, IV , Connelly Law Offices PLLC, Tacoma, Washington; for Defendant-Appellee.

Opinion by Judge McKeown.


In the midst of a complicated five-body homicide trial, the district court learned that the Government failed to turn over information suggesting that its star witness, Esmeralda Z., was willing to shape her testimony in exchange for certain benefits. The defense did not learn of this turn of events from...

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