Yida
United States v. Yida
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 06-10460 Plaintiff-Appellant, D.C. No. v. CR-00-00274-CRB YACOV YIDA, Northern District Defendant-Appellee. of California, San Francisco
ORDER
Filed March 1, 2007
Before: Ronald M. Gould and Milan D. Smith, Jr., Circuit Judges, and Alfred V. Covello,* District Judge.
ORDER
The court invites supplemental letter briefs by the parties and any amicus curiae addressing some or all of the following questions raised in this appeal:
1. Under Fed. R. of Evid. 804(a)(5), what is the appropriate legal standard to be applied when evaluating a witness’s “unavailability”?
2. Under Fed. R. of Evid. 804(a)(5), when assess- ing the proponent’s efforts to ensure a witness’s presence at the relevant proceeding “by process or other reasonable means,” what is the relevant temporal period in which to assess the propo-
*The Honorable Alfred V. Covello, Senior United States District Judge for the District of Connecticut, sitting by designation.