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United States v. Hieng

United States Court of Appeals for the Ninth Circuit

679 F.3d 1131 (2012)

Facts

Law enforcement raided the marijuana-growing operation of Orme Hieng (defendant). At trial, the prosecution (plaintiff) introduced the total number of marijuana plants that were found and destroyed. To do this, Detective Jensen testified that each detective at the raid kept track of the number of marijuana plants he destroyed. At the end, each detective informed Jensen of his number of plants destroyed. Jensen wrote down each detective’s tally and the next day tallied the tallies to get a total number of plants. Hieng was convicted, and he appealed, arguing that the plant tallies constituted hearsay and should not have been admitted.

Rule of Law

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Issue

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Holding and Reasoning (Wallace, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Concurrence (Berzon, J.)

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