United States v. Zane Higa, United States of America v. Zane Higa

This appeal challenges the trial court’s admission of evidence of prior inconsistent statements for use as impeachment. We affirm. We also must decide sentencing guidelines issues concerning adjustments for abuse of a position of trust and for obstruction of justice. A Supreme Court decision which came down after the sentencing requires additional findings on the obstruction of justice issue.

I. FACTS-

Zane Higa was a customer service representative for Northwest Airlines. His duties included meeting incoming international flights-and checking planes after the passengers had disembarked for things they might have left behind. In addition to his, airline uniform, he wore a badge issued by the U.S. Customs Department, that permitted Higa to walk through the international arrival area unchallenged in either direction, retrieve things left on planes, and bypass customs inspection.

The evidence of whether Higa misused this position in any way, and precisely what he did, was very much in conflict. He was charged with (1) conspiring with Yuuki Mat-sunaga and Masakatsu Rahbine to import methamphetamine; (2) aiding and abetting Matsunaga and Rahbine in the importation of…