United States v. Abraham Zeyra

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Abraham ZEYRA, Defendant-Appellant. No. 92-50336. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1993. * Decided Jan. 13, 1993. Appeal from the United States District Court for the Central District of California, No. CR-87-0601-TJH-1; Terry J. Hatter, Jr., District Judge, Presiding. Before JAMES R. BROWNING, POOLE and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 We understand Zeyra's argument to be that admission of Herman Guthrez' deposition testimony in the prosecution's rebuttal case was improper under Fed.R.Evid. 804(b)(1) because Zeyra did not have an opportunity and similar motive to develop Guthrez' testimony in the deposition as he would have if he had known when the deposition was taken that the prosecution would offer the testimony in its rebuttal case rather than as part of its direct case. The fact that the testimony was offered in the…