Government’s designated case agent not subject to rule of witness sequestration
TRIAL United States v. Avalos, No. 06-2228, ___ F.3d ___ (10th Cir. Oct. 23, 2007)(New Mexico). Appeal of conviction and sentence for distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). HELD: Government may designate a case agent responsible for an investigation as its representative under Rule 615(2) of the Federal Rules of Evidence. Accordingly, court need not instruct agent to leave courtroom when rule of witness sequestration is invoked, even though agent may be witness. Read the opinion here. |
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