United States v. David Louis Krute

40 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Louis KRUTE, Defendant-Appellant. No. 93-50336. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1994. Decided Nov. 23, 1994. Before: FEINBERG, * SCHROEDER, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 David Krute appeals his jury conviction and sentence for conspiracy to possess LSD, possession of LSD with intent to distribute, and aiding and abetting in violation of 21 U.S.C. Secs. 846 and 841(a)(1) and 18 U.S.C. Sec. 2 . 3 Krute first contends that he is entitled to a new trial because of Jencks Act violations. His principal argument in this regard is that the district court should have ordered the government to produce notes taken of an interview with a key witness, Doest. The notes were filed in camera with the district court. The record does not show that the notes were ever sufficiently adopted by Doest so as to become…