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Howard v. United States

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Argued May 6, 2009

Before TERRY, SCHWELB, and KING, Senior Judges.

Appellant was convicted of possession of cocaine with intent to distribute it. On appeal from that conviction, he argues (1) that the trial court abridged his Sixth Amendment right to confront the witnesses against him by limiting his cross-examination of the police officers who executed a search warrant at his home, and (2) that the court abused its discretion by permitting testimony about an internal police finding that the use of force against appellant’s brother during the execution of the search warrant was justified. We reject the second argument but agree with the first, and thus we reverse appellant’s conviction and remand the case for a new trial.

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