TAILIEUCHUNG - FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT - JUNE 11,2010

Understanding the informational efficiency of loans is important because the secondary market for loans has grown rapidly during the past decade. The market for loans typically includes two broad categories, the first is the primary or syndicated loan market, in which portions of a loan are placed with a number of banks, often in conjunction with, and as part of, the loan origination process (usually referred to as the sale of participations). The second category is the seasoned or secondary loan sales market in which a bank subsequently sells an existing loan (or part of a loan) | FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT United States of America Plaintiff-Appellant v. Barry Lamar Bonds Defendant-Appellee. No. 09-10079 . No. 3 07-cr-00732-SI-1 OPINION Appeal from the United States District Court for the Northern District of California Susan Illston District Judge Presiding Argued and Submitted September 17 2009 San Francisco California Filed June 11 2010 Before Mary M. Schroeder Stephen Reinhardt and Carlos T. Bea Circuit Judges. Opinion by Judge Schroeder Dissent by Judge Bea 8553 United States v. Bonds 8557 COUNSEL Barbara Valliere San Francisco California for the plaintiffappellant. Dennis Riordan San Francisco California for the defendantappellee. 8558 United States v. Bonds OPINION SCHROEDER Circuit Judge In 2001 Barry Bonds hit 73 home runs for the San Francisco Giants. Also in 2001 as well as in prior and succeeding years BALCO Laboratories Inc. in San Francisco recorded under the name Barry Bonds positive results of urine and blood tests for performance enhancing drugs. In 2003 Bonds swore under oath he had not taken performance enhancing drugs so the government is now prosecuting him for perjury. But to succeed it must prove the tested samples BALCO recorded actually came from Barry Bonds. Hence this appeal. The government tried to prove the source of the samples with the indisputably admissible testimony of a trainer Greg Anderson that Barry Bonds identified the samples as his own before giving them to Anderson who took them to BALCO for testing. Anderson refused to testify however and has been jailed for contempt of court. The government then went to Plan B which was to offer the testimony of the BALCO employee James Valente to whom Anderson gave the samples. Valente would testify Anderson brought the samples to the lab and said they came from Barry Bonds. But the district court ruled this was hearsay that could not be admitted to establish the truth of what James Valente was told. See Fed. R. Evid. .

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