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United States v. Noriega

United States v. Noriega

United States Court of Appeals for the Eleventh Circuit

July 7, 1997, Decided

Nos. 92-4687, 96-4471

Opinion

 [*1209]  KRAVITCH, Senior Circuit Judge:

Manuel Antonio Noriega appeals: (1) his multiple convictions stemming from his involvement in cocaine trafficking; 1 and (2) the district court's denial of his motion for a new trial based on newly discovered evidence. In attacking his convictions, Noriega asserts that the district court should have dismissed the indictment against him due to his status as a head of state and the manner in which the United States brought him to justice. Noriega also contends that the district court committed two reversible evidentiary errors. Alternatively, he seeks a new trial based on his discovery of: (1) the government's suppression of its pact with a non-witness; and/or (2) certain allegations, lodged after his conviction, that a group associated with the undisclosed, cooperating non-witness bribed a prosecution witness.  [**2]  We affirm Noriega's convictions and the district court's order denying his new trial motion.

On February 4, 1988, a federal grand jury for the Southern District of Florida indicted Manuel Antonio Noriega on drug-related charges. At that time, Noriega served as commander of the Panamanian Defense Forces in the Republic of Panama.  [**3]  Shortly thereafter, Panama's president, Eric Arturo Delvalle, formally discharged Noriega from his military post, but Noriega refused to  [*1210]  accept the dismissal. Panama's legislature then ousted Delvalle from power. The United States, however, continued to acknowledge Delvalle as the constitutional leader of Panama. Later, after a disputed presidential election in Panama, the United States recognized Guillermo Endara as Panama's legitimate head of state.

On December 15, 1989, Noriega publicly declared that a state of war existed between Panama and the United States. Within days of this announcement by Noriega, President George Bush directed United States armed forces into combat in Panama for the stated purposes of "safeguarding American lives, restoring democracy, preserving the Panama Canal treaties, and seizing Noriega to face federal drug charges in the United States." United States v. Noriega, 746 F. Supp. 1506, 1511 (S.D. Fla. 1990). The ensuing military conflagration resulted in significant casualties and property loss among Panamanian civilians. 2 Noriega lost his effective control over Panama during this armed conflict, and he surrendered to United States military officials [**4]  on January 3, 1990. Noriega then was brought to Miami to face the pending federal charges.

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117 F.3d 1206 *; 1997 U.S. App. LEXIS 16493 **; 47 Fed. R. Evid. Serv. (Callaghan) 786; 11 Fla. L. Weekly Fed. C 103

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MANUEL ANTONIO NORIEGA, Defendant-Appellant.

Subsequent History:  [**1]  As Corrected. Rehearing Denied October 2, 1997, Reported at: 1997 U.S. App. LEXIS 33069. Certiorari Denied April 6, 1998, Reported at: 1998 U.S. LEXIS 2339.

Prior History: Appeals from the United States District Court for the Southern District of Florida. D. C. Docket No. 88-0079-CR-WMH.

Disposition: Noriega's convictions AFFIRMED, and the district court's order denying Noriega's motion for a new trial AFFIRMED.

CORE TERMS

district court, immunity, Treaty, Extradition, new trial, supervisory power, cooperation, suppression, indictment, head-of-state, motion for a new trial, impeachment, allegations, evidentiary, witnesses, courts, convictions, newly discovered evidence, probative value, non-witness, questioning, contends, military, purposes, charges, bribe, foreign sovereign immunities, impeaching evidence, due process, third party

Criminal Law & Procedure, Accusatory Instruments, Dismissal, Appellate Review, Preliminary Proceedings, Pretrial Motions & Procedures, General Overview, Dismissal, Standards of Review, Abuse of Discretion, De Novo Review, Jurisdiction & Venue, Venue, International Law, Foreign & International Immunity, Sovereign Immunity, Dispute Resolution, Torts, Public Entity Liability, Immunities, Judicial Immunity, Governments, State & Territorial Governments, Claims By & Against, Comity Doctrine, Local Governments, Admiralty & Maritime Law, Foreign Governments, Foreign Sovereign Immunities Act, Extradition, Procedural Matters, Individuals & Sovereign States, Extradition Treaties, Challenges to Extradition, Procedures, Review, Reviewability, Preservation for Review, Abandonment, Plain Error, Constitutional Law, Substantive Due Process, Scope, Courts, Authority to Adjudicate, Evidence, Indictments, Evidence, Privileges, Government Privileges, Classified Information Procedures Act, Relevance, Preservation of Relevant Evidence, Exclusion & Preservation by Prosecutors, Federal Government, Domestic Security, Postconviction Proceedings, Motions for New Trial, New Trial, Discovery & Inspection, Brady Materials, Brady Claims, Suppression of Evidence, Trials, Witnesses, Defendant's Rights, Right to Due Process, Fundamental Rights, Procedural Due Process, Motions for Mistrial