United States v. Carl Brian Willis

Willis appeals from his convictions for failure to appear for trial (bail jumping), a violation of 18 U.S.C. § 3150 , and for possession of cocaine with the intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). We reverse both convictions on the ground that the district court’s refusal to permit cross-examination of a government witness as to his bias violated Willis’ right to confront a witness against him. The case is remanded for a new trial on both charges.

I. Facts

San Mateo police officers arrested appellant Carl Brian Willis outside his apartment on an outstanding traffic warrant and found an ounce of cocaine in his pocket. The police, together with Federal Drug Enforcement Administration (DEA) agents then searched Willis’ apartment pursuant to a warrant they had already obtained. They found 383 grams of cocaine, chemicals used to process cocaine, and assorted narcotics paraphernalia.

Much of the information recited in the affidavit supporting the search warrant application had been obtained from Willis’ former live-in girl friend, Annette Coleman, who had been in contact with the police for several weeks before Willis’ arrest. The affidavit did not mention that a…