United States v. Sivilla, No. 11-50484 (9th Cir. 2013)Annotate this Case
Defendant appealed his drug-related convictions, arguing that his due process rights were violated by the government's destruction of evidence and that the trial judge erred in denying his motion to dismiss. In the alternative, defendant argued that the trial judge erred in requiring a showing of bad faith in order to give a remedial jury instruction. The court held that while Supreme Court precedent demanded that a showing of bad faith was required for dismissal, it was not required for a remedial jury instruction. Therefore, the court affirmed the district court's denial of the dismissal and reversed the denial of the remedial jury instruction. Accordingly, the court remanded for a new trial with a remedial instruction.