United States v. Donald Gene Henthorn

I.

Donald Gene Henthorn appeals his conviction following a jury trial for conspiring with 17 other individuals to import and possess cocaine with the intent to distribute, and for travel in interstate and foreign commerce in aid of racketeering enterprises. Henthorn claims, inter alia, that the district court erred in denying his discovery request for impeachment material contained in the testifying officers’ personnel files. We agree and remand to allow the district court to review the officers’ personnel files in camera.

II.

In December of 1986, a federal grand jury indicted appellant, Donald, Gene Hent-horn, and seventeen others for conspiracy to import cocaine ( 21 U.S.C. §§ 952 , 960, 963) (count 1); conspiracy to possess cocaine with intent to distribute ( 21 U.S.C. §§ 841 (a)(1), 846) (count 2); conspiracy to transport monetary instruments of more than $10,000 to or from the United States (count 3) [Henthorn was not charged in this count]; and travel in interstate and foreign commerce in aid of racketeering enterprises (18 U.S.C. 1952(a)(3)) (count 4). Following his conviction by jury on all counts in which he was charged, Henthorn was sentenced to 10 years imprisonment…