An en banc panel of a federal appeals court has reversed a man’s conviction for marijuana possession at the request of U.S. Attorney Laura Duffy of San Diego, who acknowledged the federal prosecutor at trial incorrectly introduced evidence during closing arguments.
Duffy had moved on Oct. 7 to reverse the conviction and vacate the sentence of John Maloney after she reviewed the video of oral arguments before the U.S. Court of Appeals for the Ninth Circuit panel. They also reconsidered the government’s closing argument, which introduced evidence for the first time that Maloney, claiming to be on an extended delivery trip, had no luggage in his tractor-trailer when stopped by the border patrol.
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