Aglia

MEMORANDUM *

James Pua Aglia was convicted of possession of counterfeit money in violation of 18 U.S.C. § 472 and possession of a fire *640 arm by a convicted felon in violation of 18 U.S.C. § 922 (g). Aglia was sentenced to 120 months in prison. We affirm Aglia’s conviction, but we vacate his sentence and remand for further proceedings.

Aglia contends that his conviction is unlawful because the district court allowed the government to call a witness, Keiko Rivera, who was not included on its pre-trial witness list. Although a court can strike a witness who is not properly disclosed, the decision is left to the district court’s discretion. See United States v. Talbot, 51 F.3d 183, 187-88 (9th Cir.1995). Allowing Rivera to testify was not an abuse of discretion, because the government offered a credible reason for its failure to identify Rivera in its earlier disclosures and appears to have acted in good faith.

The district court did not commit reversible error when it refused to grant a continuance to allow Aglia to prepare to cross-examine Rivera and instead required the government to call Rivera on the last day of trial. The district court probably should have granted the…