Hunter

United States v. Hunter

Good Law
266 F. App'x 619
United States Court of Appeals for the Ninth CircuitFebruary 12, 2008No. 05-10827California1,080 words

Opinion

lead Opinion

MEMORANDUM *

Jonathan Hunter appeals his conviction and sentence for his role in two armed robberies in Arizona. A jury convicted Hunter of one count of conspiracy, two counts of bank robbery, and two counts of using a firearm in the commission of a crime of violence. Appealing his conviction, Hunter claims that the district court improperly excluded two alibi witnesses. He also claims that the government improperly authenticated and admitted evidence while admitting harmful hearsay evidence. Finally, he argues that the government failed to present sufficient evidence to support his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Alibi Witnesses

Whether the trial court erred in excluding an alibi witness for violation of Fed.R.Crim.P. 12.1 is reviewed for abuse of discretion. United States v. Henderson, 241 F.3d 638, 650 (9th Cir.2001).

Over a year before trial, the government had twice requested disclosure of any alibi witnesses without receiving any disclosures from Hunter. However, on the eve of trial, Hunter disclosed two alibi witnesses who purportedly would testify that he was in another city on the day of the first robbery. This late…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.