DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063409P.pdf 09/07/2007 United States v. Iggy Santisteban
U.S. Court of Appeals Case No: 06-3409
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Murphy and Hansen, Circuit
Judges]
Criminal Case - criminal law. Defendant's due process rights were not
violated by government's failure to disclose impeachment evidence
relating to investigative reports that provided the basis of the
government's prosecution memorandum because the evidence was not
material and was available to defendant through other channels.
Statement in prosecution memorandum recounting a witness's statement
is inadmissible hearsay. Refusal to allow cross-examination of witness's
pending state prosecution was harmless error because counsel was able to
show bias in other ways. District court did not err in failing to instruct
jury on lesser-included offenses, as lesser-included offense required an
additional element of proof. District court did not err in refusing to give a
multiple conspiracy instruction.