United States v. Rafael Arreola-Banda

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael ARREOLA-BANDA, Defendant-Appellant. No. 92-50477. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided Feb. 1, 1994. Before: KOZINSKI, SILER, * and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Rafael Arreola-Banda appeals his drug convictions under 21 U.S.C. Secs. 841 (a)(1), 846, 952, 960, and 963. I. 3 Defendant argues that the district court erred in admitting testimony about his statement, as it violated: (1) the Jencks Act, 18 U.S.C. Sec. 3500 , as interpreted in United States v. Harris, 543 F.2d 1247, 1249 (9th Cir.1976); (2) Fed.R.Crim.P. 16(a)(1)(A); and (3) Brady v. Maryland, 373 U.S. 83 (1963). 4 Defendant asserts the Jencks Act was violated when the court did not strike the testimony of Agent Guiliano when the rough notes of Agent Pompa could not be produced, as they had been destroyed. He claims the…