United States v. Yukio Uramoto
Opinion
Opinion
Ferguson, J.
The only issue raised in this appeal is whether the district court erred in restricting cross-examination of two Government witnesses. We hold that it did and reverse.
Defendant Uramoto was convicted of conspiracy to import heroin in violation of 21 U.S.C. §§ 952 (a), 960(a)(1), and 963. At trial, he admitted receiving money from agents of the Drug Enforcement Administration (“DEA”) which he subsequently wired to his friend and co-defendant, Lam-thong Sudthisa-Ard. Uramoto’s defense was that he initially collected the money as a favor for Lamthong without knowledge of Lamthong’s illicit purpose and that he continued his involvement after learning about the heroin only because he feared reprisals from Michael Smelser, the paid Government informant who purchased the heroin.
It is undisputed that in the course of his transactions with Uramoto, Smelser represented himself as a front man for the Mafia. Before trial, the Government revealed that Smelser had previously threatened other individuals while acting under his Mafia cover. The Government further disclosed that the DEA had become aware of these threats and had instructed Smelser to stop making them.