United States v. Yida

Opinion by Judge GOULD; Concurrence by Judge GOULD.

GOULD, Circuit Judge:

The United States government appeals the district court’s order excluding the former trial testimony of witness David Rezi-niano in the retrial of defendant Yacov Yida. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731. We affirm the district court’s decision excluding Reziniano’s testimony.1

I

In 1999 and 2000, Yida, Reziniano, and other co-conspirators allegedly participated in an ecstasy smuggling operation. Reziniano pleaded guilty in 2004 to conspiring to import ecstasy and was sentenced to a term…