United States v. Gage
This text of 331 F. App'x 547 (United States v. Gage) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Due process compels use immunity only for defense witnesses who will offer testimony that directly contradicts the testimony of a government witness who has been given use immunity. See, e.g., United States v. Straub, 538 F.3d 1147, 1161-62 (9th Cir.2008); United States v. Alvarez, 358 F.3d 1194, 1216 (9th Cir.2004). Direct contradiction means more than just different subjective interpretations of the same facts. Because Dr. Kabins would not have directly contradicted a government witness who received use immunity, the indictment must be reinstated.
REVERSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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331 F. App'x 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gage-ca9-2009.