United States v. Baker

*789OPINION OF THE COURT

JAMES, Judge:

Appellant was convicted in California of use of methamphetamines and marijuana,1 mainly on the basis of his confession and the videotaped deposition of a paramour. The deposition was used both to corroborate the confession and as evidence of guilt. On appeal appellant disputes the admissibility of the deposition. We find that the United States did riot make a record showing unavailability of the witness-deponent. We conclude that appellant was prejudiced, and we set aside the findings of guilty and the sentence.

The paramour, Imelda, lived in California during…