What is our holding regarding the use of testimony obtained from a government witness?

MultiRegion, United States of America

The following excerpt is from USA. v. Smith, 196 F.3d 1034 (9th Cir. 1999):

Second, our holding is consistent with past decisions in which we have affirmed convictions notwithstanding the fact that the government conferred benefits upon its witnesses. See, e.g., United States v. Cuellar, 96 F.3d 1179 (9th Cir. 1996) (upholding conviction even though the government's witness was paid fees contingent on his participation in an investigation and on the results of any subsequent criminal or civil proceedings related thereto); United States v. Moody, 778 F.2d 1380, 1384-85 (9th Cir. 1985), amended by 791 F.2d 707 (9th Cir. 1986) (refusing to exclude testimony obtained pursuant to a plea bargain which granted leniency to the witness);

Page 1040

Darden v. United States, 405 F.2d 1054, 1056 (9th Cir. 1969) ("The fact of a bargain, or of the hope or expectation of leniency, affects only the weight of the testimony, not its admissibility."). These cases uphold the principle that the government's grant of certain benefits in exchange for testimony is not fatal to the use of such testimony against a defendant.

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