United States v. Eufracio-Torres
In United States v. Eufracio-Torres, 890 F.2d 266 (10th Cir. 1989), cert. denied, 494 U.S. 1008 (1990), the Tenth Circuit held that the trial court had not erred in permitting the use of depositions given by seven witnesses who had been released and permitted to leave the United States after they had been deposed.
The Court explained:
"The witnesses were requested to return and instructed how to return and how to obtain the necessary monies to return. They promised to return, but failed to do so. The law does not require the government to utilize an absolute means of attempting to assure the appearance of a witness, only a reasonable means. The facts of this case establish the government utilized reasonable means to assure the attendance of the witnesses. The fact that the means utilized were unsuccessful does not mean that the governments efforts were not made in good faith." Id. at 270.