United States v. James Cloud

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-30044

Plaintiff-Appellant, D.C. Nos. 1:19-cr-02032- v. SMJ-1 1:19-cr-02032-

JAMES DEAN CLOUD, SMJ

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Eastern District of Washington Salvador Mendoza, Jr., District Judge, Presiding

Argued and Submitted December 8, 2023 Seattle, Washington

Filed May 21, 2024

Before: M. Margaret McKeown, N. Randy Smith, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge McKeown SUMMARY *

Criminal Law/Sanctions

The panel affirmed the district court’s order, imposed under its exercise of supervisory powers, directing the Government to pay monetary sanctions as reimbursement for the time spent getting to the bottom of the Government’s nondisclosure of information suggesting that its star witness in a criminal trial was willing to shape her testimony in exchange for certain benefits. The panel held that this court has appellate jurisdiction under 28 U.S.C. § 1291 because the…