Martin Moncada-de la Cruz v. United States
DueProcess
1. Whether, for purposes of the Controlled Substances Act, proof of possession with intent to distribute requires a showing of control over the drugs, rather than mere touching of someone else's drugs.
2. Whether, when the government has deported a witness who has material evidence favorable to the defendant, that evidence can be deemed cumulative if the government admits a summary of the deported witness's testimony and then asks the jury to disbelieve that summary.
Whether proof of possession with intent to distribute requires showing control over drugs beyond mere touching, and whether deportation of a material witness precludes fair trial when government asks jury to disbelieve witness's summary testimony