Defendant's carjacking conviction is vacated where: 1) the District Court did not comply with its obligation to independently review the government's compliance with the Jencks Act; and 2) the record did not reflect that the District Court made any response to a jury note requesting copies of certain documents.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO, Hon. José Antonio Fusté, U.S. District Judge.
Filed June 19, 2009
Before Lipez, Hansen, and Howard, Circuit Judges.
Opinion by PER CURIAM.
Rafael F. Castro Lang for appellant.
German A. Rieckehoff, Assistant United States Attorney, with whom Rosa E. Rodriguez Velez, United States Attorney and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.