United States v. Foster

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The Fifth Circuit vacated defendant's conviction for transporting aliens for commercial advantage or private financial gain, and remanded for a new trial. The court held that the government's introduction of videotaped depositions of two material witnesses at trial violated defendant's rights under the Confrontation Clause because the government failed to demonstrate the witnesses were unavailable. The court held that the government's efforts to secure the presence of the witnesses did not meet the good faith standard. Furthermore, the error was harmful because the government could not demonstrate beyond a reasonable doubt that the videotaped depositions of the material witnesses did not contribute to defendant's conviction. View "United States v. Foster" on Justia Law