United States v. Rodolfo Moreno, AKA Raymond Edward Martinez

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodolfo MORENO, aka Raymond Edward Martinez, Defendant-Appellant. No. 95-10002. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1996. Decided Feb. 26, 1996. 1 Before: CANBY and KLEINFELD, Circuit Judges, and COLLINS, District Judge. * 2 MEMORANDUM ** 3 Moreno argues that he was deprived of due process and other rights by the government's deportation of Castillo, a material witness. To show that he was entitled to dismissal because the government deported Castillo, Moreno "must make an initial showing that the Government acted in bad faith and that this conduct resulted in prejudice to the defendant's case." United States v. Dring, 930 F.2d 687, 693 (9th Cir.1991) (emphasis in original). Unless a defendant can show bad faith on the part of the police, failure to preserve useful evidence does not constitute a due process violation. Id. at…