United States v. David Lord

Circuit Judge:

A jury convicted appellant David Lord on two counts of distribution of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) & 841(b)(1)(A), one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841 (a), and one count of carrying a concealed weapon in the commission of a felony in violation of 18 U.S.C. § 924 (c). He was sentenced to five years in prison on each count, the sentences to run concurrently-

On appeal Lord argues that (1) the district court erred in failing to determine whether the prosecution caused a key defense witness to refuse to testify; (2) the, district court erroneously struck the entire testimony of another defense witness after she invoked the fifth amendment privilege against self-incrimination; (3) the district court erroneously excluded expert psychiatric testimony; and (4) the district court committed reversible error when it made certain evidentiary rulings and gave certain jury instructions.

With regard to Lord’s first argument, we hold that the district court erred in failing to determine whether the prosecution caused an important defense witness to refuse to testify. Therefore, we vacate the conviction and remand the…