Defendant's drug conviction is affirmed where the district court abused its discretion under the Jencks Act when it did not strike the testimony of a government agent whose grand jury testimony transcript could not be produced, but the error was harmless because the agent's testimony played only a small part in the government's case.
Argued and Submitted December 10, 2008
Filed August 26, 2009
Opinion by Judge Walker
Francisco León, Francisco León P.C., Tuscon, AZ
Diane J. Humetewa, United States Attorney, District of Arizona, Tucson, AZ
Bruce M. Ferg, Assistant United States Attorney, Tuscon, AZ