Dunbar

United States v. Dunbar

Good Law
104 F. App'x 638
United States Court of Appeals for the Ninth CircuitJuly 19, 2004No. 02-10564California883 words

Opinion

Lead Opinion

MEMORANDUM **

Vernon Dunbar was convicted by a jury of possession with intent to distribute co *639 caine base and several other firearms offenses. See 21 U.S.C. § 841 (a)(1); 18 U.S.C. §§ 924 (c)(1), 922(g)(1), & 922(k). In this appeal, he contends that a number of prejudicial errors occurred during his trial, thereby necessitating the reversal of his conviction. Having found no such error, we affirm.

First, Dunbar argues that he was denied the right to confront witnesses against him. The factual basis for this claim arises from the government’s elicitation of testimony from a police officer that a search warrant had been issued for Dunbar, and that it was on this basis that he was under surveillance on the night of his arrest. It is undisputed that information supporting the issuance of this warrant was provided by a confidential informant whose identity was not disclosed.

The Confrontation Clause requires as a prerequisite to the admissibility of testimonial evidence not only that the declarant be unavailable, but also that the defendant have had a prior opportunity to cross-examine. See Crawford v. Washington, - U.S. -, 124 S.Ct. 1354, 1374 , 158 L.Ed.2d 177 (2004). While…

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