Whittemore

United States v. Whittemore

Good Law
205 F. App'x 635
United States Court of Appeals for the Ninth CircuitDecember 27, 2006No. 06-30245California464 words

Opinion

Lead Opinion

MEMORANDUM *

Leslie Ann Whittemore appeals her conviction, contending that the district court’s limitation on her cross-examination of the key witness at her trial, Michelle Gordon, violated her Sixth Amendment right to confrontation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Although the district court prevented Whittemore from using the precise statements made by Gordon and the district court during Gordon’s plea colloquy, the questioning that was permitted was sufficient. On cross-examination, Whittemore was allowed to bring out that Gordon could benefit significantly from her agreement with the Government to cooperate, and that this cooperation included testifying against Whittemore. Gordon further acknowledged that the Government’s recommendation was necessary to reduce her Guidelines sentence calculation. As to possible sentences, Gordon admitted that as a result of her cooperation she might be sentenced to “probation staying in a treatment center.” While she called this “home detention,” she also conceded it was not prison time and would allow her to stay with her baby. Importantly, when asked if the Government’s recommendation “could possibly bring…

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