Villa-Aguilar

MEMORANDUM **

Robert Villa-Aguilar (“Aguilar”) appeals his conviction and sentence for conspiracy to distribute cocaine and possessing cocaine with intent to distribute in violation of 18 U.S.C. §§ 841 & 846.

The prosecutor did not commit misconduct with respect to the questioning of defense witness Anna Tapia. Because the witness was not revealed until the beginning of trial, it was not improper for the government to question her regarding her full and correct name. Likewise, it was not misconduct for the prosecutor to pursue a line of questioning that led to the revelation of Tapia’s prior conviction. Although the government did not provide advance written notice of its intent to introduce the conviction, as required by Federal Rule of Evidence 609(b), this was due to the last minute disclosure of Tapia as a witness. The government made a good faith effort to comply with the rule by notifying the court and defense counsel that it wished to introduce the conviction and sought a prior ruling from the district judge, who declined to rule at the time. Because the court never ruled the conviction inadmissible and there was no contemporaneous objection to the questioning, it was not…