Young
United States v. Young
Opinion
Lead Opinion
Tashima, J.
Keith Steven Young and Edelmiro Tamez, Jr. (defendants) appeal their convictions for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 . They contend that the district court erred in denying, without an evidentiary hearing, their motion to compel the government to immunize a witness. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for an evidentiary hearing.
BACKGROUND
A four-count Second Superseding Indictment filed on October 18,1994, charged John S. Drake, Keith Steven Young, Nelson Eudaldo Mariani and Edelmiro Tamez, Jr., with various narcotics offenses. Count 1 of the Indictment alleged that between September, 1990, and October 4, 1994, Young, Tamez, Drake, and Mariam conspired to distribute over five kilograms of cocaine in violation of 21 U.S.C. § 846 .
The government presented 13 witnesses in an eight-day jury trial. Pursuant to favorable plea agreements, co-defendants Drake and Mariani testified for the government. Two other government witnesses — James Larsen and Howard Nichols — also testified pursuant to plea agreements. Two government witnesses — Daniel…