United States v. Muniz-Jaquez, No. 12-50056 (9th Cir. 2013)
Annotate this CaseDefendant appealed his conviction for being a deported alien found in the United States, challenging the district court's failure to order production of certain U.S. Border Patrol dispatch tapes. Without listening to the tapes, the district court concluded that defendant's showing of materiality was speculative. The tapes could have been crucial to defendant's ability to assess the reliability of the Border Patrol agent's testimony and to cross-examine him effectively. Moreover, the tapes were clearly relevant to defendant's location and the official restraint defense. Accordingly, the court vacated the conviction and remanded, concluding that the district court erred in excluding potentially exculpatory evidence.
Court Description: Criminal Law. Vacating an illegal reentry conviction and remanding, the panel held that the district court abused its discretion under Fed. R. Crim. P. 16 by failing to order production of Border Patrol dispatch tapes. The panel observed that defense’s counsel’s seeking the tapes to potentially further an official restraint defense, as well as for possible use in impeaching the agent who testified that he called for backup over his service radio immediately after spotting the defendant, was not a fishing expedition. The panel also observed that the district court had no basis to conclude, without listening to the tapes, that the defendant’s showing of materiality was speculative.
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