DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082170P.pdf 04/15/2009 United States v. Harlan Garcia
U.S. Court of Appeals Case No: 08-2170
U.S. District Court for the District of South Dakota
[PUBLISHED] [Shepherd, Author, with Colloton, Circuit Judge, and
Goldberg, Judge of the United States Court of International Trade]
Criminal case - criminal law. District court erred in failing to conduct
an in camera review of the Presentence Reports of cooperating witnesses
when defendant moved for access to the PSRs so that he could review the
reports for exculpatory or impeachment information; convictions are
remanded but not reversed; if upon in camera review the court determines
the reports do contain Brady/Giglio information that satisfies the
materiality requirement, the court should set aside the convictions; claims
of instructional error rejected; evidence was sufficient to support
defendant's convictions for conspiring to distribute methamphetamine
and for distribution of the drug.