United States v. Carlos Rene Cabrera

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos Rene CABRERA, Defendant-Appellant. No. 93-50071. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 21, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Rene Cabrera appeals his convictions for conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a)(1), 846, and aiding and abetting the distribution of cocaine in violation of 18 U.S.C. Sec. 2 , 21 U.S.C. Sec. 841 (a)(1). Cabrena contends that the district court should have ordered a new trial because the government failed to disclose evidence that impeached the credibility of the confidential informant. We have jurisdiction under 28 U.S.C. Sec. 1291 and reverse. 3 Cabrera and co-defendant Jose Martin Maya-Azua were jointly tried. On appeal, Maya-Azua raised the same arguments as Cabrera raises here regarding the…