Legal Opinion

United States v. Femia

Court of Appeals for the First Circuit

Decided November 18, 1993No. 93-1276, 93-1576PublishedCited by 77 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

The government appeals from a district court pretrial order suppressing the testimony of its central witness in the prosecution of defendant-appellee Noel Femia for various drug crimes. We have jurisdiction under 18 U.S.C. § 8731. The district court suppressed the testimony in order to remedy a perceived violation of Femia’s due process rights, resulting from the government’s allegedly grossly negligent destruction of tape recordings of conversations between the witness and other co-conspirators. For the reasons that follow, we reverse and remand with directions to…

2Cases cited9 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. California v. TrombettaSupreme Court of the United States · 1984
  4. Arizona v. YoungbloodSupreme Court of the United States · 1989
  5. United States v. Valenzuela-BernalSupreme Court of the United States · 1982

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3Cited by77 opinions

  1. United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
  2. Bullock v. CarverCourt of Appeals for the Tenth Circuit · 2002
  3. United States v. LewisCourt of Appeals for the First Circuit · 1994
  4. William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995
  5. O.C. Chick Fero v. Dareld KerbyCourt of Appeals for the Tenth Circuit · 1994

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