context: Several of our sister circuits, as well as a district court in our own circuit, have however, "addressed the issue of whether the government's conduct in a case involving alien witnesses who subsequently left the United States was reasonable and in good faith."
citation_a.signal: see also
citation_a.identifier: 973 F.2d 411, 419
citation_a.parenthetical: noting that it is not unreasonable for the government to detain alien witnesses
citation_a.sentence: See, e.g., Wilson, 36 F.Supp.2d at 1181-82 (surveying cases from the First, Fourth, Fifth, Eighth, and Tenth Circuits, before concluding that the government has a duty to make reasonable and good faith efforts to procure the witness’s attendance at trial before the witness leaves the United States); see also Mann, 590 F.2d at 368 (holding that though the government acted reasonably and in good faith in trying to convince a witness to return to testify for trial, the witness was not “unavailable” under Rule 804(a)(5) because the government made the witness’s departure from the country possible); United States v. Guadian-Salazar, 824 F.2d 344, 346-47 (5th Cir.1987) (per curiam) (both the defense and the government agreed that the government had not shown that the witnesses were “unavailable” where the government took videotaped depositions of the witnesses, transported them to the border, served them with subpoenas, and notified them that they were to appear at the border on a specified date to be taken to court and serve as witnesses at trial); Aguilar-Ayala v. Ruiz, 973 F.2d 411, 419 (5th Cir.1992) (noting that it is not unreasonable for the government to detain alien witnesses).
citation_b.signal: see
citation_b.identifier: 36 F.Supp.2d 1181, 1181-82
citation_b.parenthetical: surveying cases from the First, Fourth, Fifth, Eighth, and Tenth Circuits, before concluding that the government has a duty to make reasonable and good faith efforts to procure the witness's attendance at trial before the witness leaves the United States
citation_b.sentence: See, e.g., Wilson, 36 F.Supp.2d at 1181-82 (surveying cases from the First, Fourth, Fifth, Eighth, and Tenth Circuits, before concluding that the government has a duty to make reasonable and good faith efforts to procure the witness’s attendance at trial before the witness leaves the United States); see also Mann, 590 F.2d at 368 (holding that though the government acted reasonably and in good faith in trying to convince a witness to return to testify for trial, the witness was not “unavailable” under Rule 804(a)(5) because the government made the witness’s departure from the country possible); United States v. Guadian-Salazar, 824 F.2d 344, 346-47 (5th Cir.1987) (per curiam) (both the defense and the government agreed that the government had not shown that the witnesses were “unavailable” where the government took videotaped depositions of the witnesses, transported them to the border, served them with subpoenas, and notified them that they were to appear at the border on a specified date to be taken to court and serve as witnesses at trial); Aguilar-Ayala v. Ruiz, 973 F.2d 411, 419 (5th Cir.1992) (noting that it is not unreasonable for the government to detain alien witnesses).