United States v. Maloney, 755 F.3d 1044 (9th Cir. 2014) (en banc)
Feb 28, 2015OUTCOME: Reversed and Remanded
Appeal after jury trial of conviction for possession of over 100 kg of marijuana with intent to distribute by an unlicensed single-occupant driver of a commercial tractor. A panel of the Ninth Circuit ... Court of Appeals affirmed the conviction in a two-to-one opinion (reported at 699 F.3d 1130), which the court later vacated pending rehearing en banc. After the en banc argument, the U.S. Attorney conceded that the prosecutor committed misconduct, which denied the defendant a fair trial. The court then reversed the conviction and sentence in a published order.
