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Criminal Law: Drug Trafficking-Payments to Government Witness-Motion for New Trial
Staff Report//September 6, 2019//
Defendant appealed from the denial of his motion for new trial following his conviction for drug-trafficking offenses, after it was discovered that the government had been unaware local police had made payments to a cooperating witness, the existence of which were not disclosed to police.
Where the undisclosed witness payments were not material to the outcome of defendant’s trial because the government’s case did not hinge on the witness’s testimony because other witnesses implicated defendant in the trafficking conspiracy, defendant was not entitled to a new trial.
Judgment is affirmed.
U.S. v. Dones-Vargas (MLW No. 73825/Case No. 18-2600 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of South Dakota, Schreier, J. (Ryan J Kolbeck, of Sioux Falls, SD, for appellant) (Jennifer D. Mammenga, AUSA, of Sioux Falls, SD for appellee)
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