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United States v. Dring

United States Court of Appeals for the Ninth Circuit
930 F.2d 687 (1991)


Facts

Alan J. Dring (defendant) was convicted of several crimes relating to a large marijuana shipment that came into San Francisco Harbor on a fishing boat. During his trial, the government presented several eyewitnesses as well as circumstantial evidence putting Dring at the harbor. Dring’s defense was mistaken identity. He presented the testimony of another eyewitness, who testified that Dring was not the person at the pier, and three alibi witnesses. The government then presented contradiction evidence and a rebuttal witness, pointing out inconsistencies between Dring’s testimony and that of other witnesses. The government did not introduce opinion or reputation testimony regarding Dring’s character for truthfulness, evidence of prior misconduct, or evidence of corruption. Dring attempted to respond with character evidence of his truthfulness, but the trial court did not allow it. Dring appealed, arguing that the trial court should have allowed his character evidence. Dring cited an exchange during his cross-examination of a government witness as well as other statements of government witnesses on direct examination to support his appeal.

Rule of Law

Issue

Holding and Reasoning (Choy, J.)

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