Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or constitutes an abuse of discretion under Rule 403

QUESTIONS PRESENTED 1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or constitutes an abuse of discretion under Rule 403, when eyewitnesses must identify a stranger, no substantial independent evidence corroborates identification, and expert testimony is the sole defense? 2. Whether the government violates Brady v. Maryland and the Fifth and Sixth Amendment rights to due process and cross-examination by withholding ex parte arrests, detentions, court hearings, and government contacts, it used to secure eyewitness trial testimony, and whether a defendant is entitled to an evidentiary hearing to determine whether the government’s activities materially affected eyewitness credibility, when defendant learns about suppressed information on appeal? 1 PRIOR PROCEEDINGS 1. Angel Noel Guevara was the appellant, and the United States was the appellee, for United States v. Guevara, Docket 11-10644, United States Court of Appeals for the Ninth Circuit. This case was consolidated for appeal with United States v. Jonathan Cruz-Ramirez, Docket 11-10632: United States v. Moris Flores, Docket 11-10635; United States v. Erick David Lopez, Docket 11-10638; United States v. Marvin Carcamo, Docket 11-10645; and United States v. Guillermo Herrera, Docket 12-10051. This case was related for appeal, but not consolidated with, United States v. Danilo Velasquez, Docket 12-10099, and United States v. Manuel Franco, Docket 12-10212. 2. Angel Noel Guevara was the defendant, and the United States the plaintiff, for United States v. Guevara, Docket United States District Court, Northern District of California, San Francisco Division. Judgment was entered on December 6, 2011. This case was consolidated for trial with the trials in the aforementioned, United States v. Jonathan Cruz-Ramirez, United States v. Moris Flores, United States v. Erick David Lopez, United States v. Marvin Carcamo, and United States v. Guillermo Herrera. ii