United States v. Fidel Rodriguez

Appellant was convicted of conspiring to smuggle marihuana and of unlawfully transporting illegally imported marihuana, both in violation of 21 U.S.C. § 176 (a). The sole issue on appeal is whether the trial court erred in limiting cross-examination of the government’s principal witness, appellant’s codefend-ant, concerning his motivation to testify.

We reaffirm the well-settled rule that “[t]he extent to which cross-examination of a witness will be allowed rests in the sound judicial discretion of the trial court.” Beck v. United States, 298 F.2d 622, 629 (9th Cir. 1962); see United States v. Carlson, 423 F.2d 431, 440 (9th Cir. 1970); Kohatsu v. United States, 351 F.2d 898, 905 (9th Cir. 1905). Because of the peculiar circumstances of this case, however, we reluctantly conclude that the trial court unduly limited appellant’s cross-examination of his co-defendant.

The witness was allegedly appellant’s sole accomplice. The government relied almost entirely upon his testimony, which had little or no corroboration. The witness’ testimony was directly contrary to that of appellant. The witness’ credibility was therefore of crucial importance, and it was essential that appellant be…