Is there an error in a federal court's instruction concerning the federal witness protection program?

MultiRegion, United States of America

The following excerpt is from U.S. v. Matta-Ballesteros, 72 F.3d 136 (9th Cir. 1995):

Matta assigns error to the district court's jury instruction concerning the federal witness protection program. The district court's formulation of jury instructions is reviewed for an abuse of discretion. United States v. Joetzki, 952 F.2d 1090, 1095 (9th Cir.1991).

Matta objects to the portion of the jury instruction that indicated that the Attorney General is authorized to enroll witnesses in the protection program "whenever in his judgment testimony from ... a witness would place his life or person or the life or person of a member of his family or household in jeopardy." Matta's concern is that this instruction suggested he was dangerous or had threatened witnesses. However, we have upheld an instruction stating that to be included in the witness protection program, a witness "must satisfy the Attorney General that ... he has reason to believe that his well-being, is in danger, his life or well-being, that he is threatened in some way." United States v. Partin, 601 F.2d 1000, 1010 n. 10 (9th Cir.1979) (instruction given mid-trial), cert. denied, 446 U.S. 964 (1980).

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