United States v. Woodard, No. 11-2244 (10th Cir. 2012)
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Following a jury trial, Defendant was convicted of possessing more than 100 kilograms of marijuana with the intent to distribute. He was sentenced to sixty months' imprisonment followed by four years of supervised release, and he appealed. Defendant argued to the Tenth Circuit that the district court violated his Sixth Amendment confrontation rights when it refused to allow him to cross-examine a witness about a prior judicial determination that the witness was not credible. Considering the "Van Arsdall" factors, the Court concluded there was at least a "reasonable probability" the jury would have reached a different conclusion had the jury not believed the inspector smelled the strong smell of marijuana when Defendant opened the trailer doors, or if the impeachment value of the cross-examination had been fully realized: "At the very least, the government [did] not meet its extraordinary burden of proving the error was harmless beyond a reasonable doubt." Accordingly, Defendant's conviction was reversed and the case remanded for further proceedings.
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