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U.S. v. YIDA

No. 06-10460.

478 F.3d 1068 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Yacov YIDA, of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 1, 2007.

Attorney(s) appearing for the Case

James T. Chou, Esq., Dana Wagner, USSF—Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellant.

Josh A. Cohen, Esq., FPDCA—Federal Public Defender's Office, San Francisco, CA, for Defendant-Appellee.

Before RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and ALFRED V. COVELLO, District Judge.

ORDER

The court invites supplemental letter briefs by the parties and any amicus curiae addressing some or all of the following questions raised in this appeal:

1. Under Fed. R. of Evid. 804(a)(5), what is the appropriate legal standard to be applied when evaluating a witness's "unavailability"? 2. Under Fed. R. of Evid. 804(a)(5), when assessing the proponent's efforts to ensure a witness's presence at the relevant proceeding "by process or other...

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