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United States v. Sanchez-Lima

161 F.3d 545 (1998)

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United States v. Sanchez-Lima

United States Court of Appeals for the Ninth Circuit

161 F.3d 545 (1998)

Facts

Gabriel Sanchez-Lima (Sanchez) (defendant) was charged with assaulting a federal officer while being arrested for illegally crossing the border. During a foot chase, Sanchez alleged that one border agent pistol whipped Sanchez in the head with his gun, and thus Sanchez’s attack on the federal agent was in self-defense. In support of this defense, Sanchez sought to introduce the grand jury testimony of multiple aliens who were crossing the border with Sanchez and testified that they heard Sanchez screaming that he was being beaten. The trial court did not allow their videotaped testimony to be admitted, and Sanchez was convicted. On appeal, Sanchez argued that the trial court erred and that the statements should have been admitted under Federal Rule of Evidence 807’s catch-all exception to hearsay.

Rule of Law

Issue

Holding and Reasoning (Goodwin, J.)

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