The following excerpt is from U.S. v. Barnes, 905 F.2d 1541 (9th Cir. 1990):
A district court has the discretion to give a missing witness instruction. United States v. Bramble, 680 F.2d 590, 592 (9th Cir.), cert. denied, 459 U.S. 1072, 103 S.Ct. 493, 74 L.Ed.2d 635 (1982). However, a missing witness instruction should be limited to those cases where it would be natural and reasonable for a jury to conclude that a witness is missing because the witness' testimony would have been unfavorable to the party on whose behalf the witness would have testified. United States v. Long, 533 F.2d 505, 509 (9th Cir.) (per curiam), cert. denied, 429 U.S. 829, 97 S.Ct. 88, 50 L.Ed.2d 92 (1976).
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