United States v. Carpenter, No. 17-10498 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the district court's rulings concerning Defendant Carpenter and Velazquez's joint trial where they were convicted of conspiracy to kidnap and kidnapping. The panel held that the common law right of access attaches to pre-trial offers of proof for a duress defense. In this case, because Carpenter failed to provide a compelling reason to overcome this presumptive right of access, the district court did not abuse its discretion in denying her motion to seal her proffer. The panel held that the district court did not abuse its discretion in admitting "other act" evidence under Federal Rule of Civil Procedure 404(b). However, although the district court erred in admitting evidence of Velazquez's methamphetamine use, the panel held that the error was harmless.
Court Description: Criminal Law The panel affirmed rulings by the district court in a case in which Roxanne Carpenter and Fausto Velasquez were jointly tried and convicted of conspiracy to kidnap and kidnapping. The panel held that the common law right of access attaches to pre-trial offers of proof for a duress defense, and that because Carpenter failed to provide a compelling reason to overcome this presumptive right of access, the district court did not abuse its discretion in denying Carpenter’s motion to seal her proffer. The panel held that the district court did not abuse its discretion in permitting the government to present under Fed. R. Evid. 404(b) evidence of trafficking of marijuana to Carpenter’s house and the subsequent disappearance of the marijuana, which was necessary to provide a coherent and
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