What is the test for making a good faith effort to obtain the presence of an undocumented alien?
MultiRegion, United States of America
The following excerpt is from U.S. v. Maestre, 914 F.2d 264 (9th Cir. 1990):
"[A] good faith effort [must be made] to obtain the witness's presence," before a witness is unavailable for the purposes of Rule 804. United States v. Winn, 767 F.2d 527, 530 (9th Cir.1985). The extent of the efforts that must be made is a question of reasonableness. Id. In Winn, the government made no efforts to locate undocumented aliens who were released to Mexico. However, this circuit held that
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