United States v. Jeremiah C. Schoneberg

ORDER AND AMENDED OPINION

ORDER

The Opinion filed on November 17, 2004, and appearing at 388 F.3d 1275 (9th Cir.2004), is amended as follows:

In regard to the opinion filed on November 17, 2004, no petition for rehearing was filed within the time required. Fed. R.App. P. 40. With this amendment, no petitions for rehearing or rehearing en banc shall be entertained.

OPINION

This is a Confrontation Clause case.

Facts

Jeremiah Schoneberg was charged in an eleven-defendant indictment for participating in a marijuana-distribution and money-laundering conspiracy. But he was tried alone. Robert Woodbury, the undisputed head of the group, had pled guilty and been sentenced pursuant to a plea bargain to serve a little under four years. In Schoneberg’s trial, Woodbury, another conspirator who had also pled guilty pursuant to a plea bargain, and Schoneberg’s ex-fiancée testified for the government. Schoneberg testified on his own behalf.

It was undisputed that when Woodbury, Schoneberg, and the other defendants named in the indictment were in high school together, Woodbury regularly sold marijuana to Schoneberg, and Woodbury and Schoneberg were friends. In high school, Schoneberg…