How has the federal government been found guilty of misconduct in denying that prosecution could have called an informant as a witness?

4 Kojayan and Kalfayan were tried and convicted but their sentences were subsequently overturned for government misconduct. United States v. Kojayan, 8 F.3d 1315 (9th Cir.1993) (serious government misconduct in denying that prosecution could have called informant as a witness). However, the prosecutorial misconduct was peculiar to the Kojayan trial and did not taint Kazandjian's trial where the informant testified.

5 We recognize that three types of prejudice can flow from appellate delay: (1) oppressive incarceration pending appeal; (2) anxiety and concern of the convicted party awaiting the outcome of appeal; and (3) impairment of the convicted person's grounds for appeal of the viability of his defense in case of retrial. United States v. Mohawk, 20 F.3d 1480, 1435-86 (9th Cir.1994).