United States v. Dirk Francis Jennings, John Daniel Cornwell, Jr., United States of America v. Jason Coler Nichols, Jose Luis Casas, Angela Mary Casas

In United States v. Henthorn, 931 F.2d 29 (9th Cir.1991), we held that the government has a duty to examine the personnel files of law enforcement officers it intends to call as witnesses if a defendant requests production of the files. In these cases we consider whether Henthom requires an Assistant United States Attorney (“AUSA”) assigned to a case personally to review law enforcement officer personnel files. The district court concluded that Henthom mandated such a personal effort, and ordered accordingly. We have jurisdiction pursuant to 18 U.S.C. § 3731 , and we reverse.

I.

These expedited appeals arise from orders suppressing the testimony of government law enforcement agents in two criminal cases.

A. United States v. Jennings

Defendants Dirk Francis Jennings and John Daniel Cornwell, Jr., were indicted by a grand jury for the Southern District of California on August 3, 1990 on four counts of conspiracy to import a controlled substance, 21 U.S.C. § 952 ; importation of narcotics, 21 U.S.C. §§ 960 , 963; conspiracy to possess with intent to distribute a controlled substance, 18 U.S.C. §§ 841 (a)(1), 846; and aiding and abetting a felony, 18 U.S.C. § 2 . On September 10,…