Yida

United States v. Yida

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 28, 200706-10460California296 words

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.

2283 2284 …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.