United States v. Barber

DECISION

HODGSON, Chief Judge:

This appeal concerns the Jencks Act,1 which provides that after a witness has testified the government must produce any statement of the witness in the possession of the government which “relates to the subject matter as to which the witness has testified.” Rather than follow the statute, the trial defense counsel, through a motion in limine, sought to suppress the testimony of a key government witness, contending that numerous statements by this individual relating to his own drug misconduct had been lost or destroyed by the government and therefore were not…