United States v. Norman Reinberger

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Norman REINBERGER, Defendant-Appellant. No. 92-50598. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided July 6, 1993. Before: BROWNING, BRIGHT, * and TANG, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts and issues and we will not restate them. 3 I. Witness Coercion. 4 There is no evidence the government coerced Berlant into changing his testimony. Both the government and Reinberger used Berlant's earlier grand jury and deposition testimony to impeach his trial testimony. Reinberger had the opportunity to present his theory that Berlant was coerced to the jury. The district court instructed the jury at length on witness credibility. See United States v. Wolf, 839 F.2d 1387, 1396 (10th Cir.1988) (counsel was free to cross-examine allegedly coerced witness and jury was free to determine the witness's…