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United States v. Garcia
United States Court of Appeals for the Fifth Circuit
530 F.3d 348 (2008)
Richard Garcia (defendant) was charged with a crime. At trial, the prosecution (plaintiff) introduced the testimony of Bureau of Immigration and Customs Enforcement Special Agent Frank Ayoub. Ayoub’s testimony recounted conversations that he had had with Garcia. The conversations had been recorded, but the prosecution did not introduce the recording or the transcript and did not quote or read from the transcript. After Ayoub’s testimony, the defense sought to introduce the transcript of the recording pursuant to Federal Rule of Evidence 106 (Rule 106) or the common-law rule of completeness. The district court excluded the transcript on the ground that Rule 106 did not apply. The district court did, however, suggest to the defense how it might refresh Ayoub’s recollection about other portions of the conversation by using the transcript. For this purpose, the court permitted the defense to ask Ayoub to read the transcript silently during cross-examination. Garcia was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Owen, J.)
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