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U.S. Court of Appeals for the 9th Circuit

May 9, 2013

Accused drug smuggler must be retried because of instruction error

Federal prosecutors must pay a price when they destroy evidence before a criminal trial, a 9th U.S. Circuit Court of Appeals panel held Tuesday in a drug smuggling case out of San Diego.


By John Roemer


Daily Journal Staff Writer


Federal prosecutors must pay a price when they destroy evidence before a criminal trial, a 9th U.S. Circuit Court of Appeals panel held Tuesday in a drug smuggling case out of San Diego.


The decision reversed in part U.S. District Judge William Q. Hayes and sent the case back to him for a retrial of accused heroin and cocaine smuggler Victor Hugo Sivilla.


At the new trial, Hayes must give jur...

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