Is Rule 10(c) statements sufficient substitute to a transcript for the small part of a trial for which a transcript is not available?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perez, 951 F.2d 364 (9th Cir. 1991):

We conclude that the Rule 10(c) statements provide an adequate substitute to a transcript for the small part of Perez' trial for which a transcript is not available. Our consideration of Perez' other contentions on this appeal is not prejudiced by the incomplete transcript. 1 Perez "has failed to show that the record in its present form is insufficient to review any claims of error, and he has failed to show that he has been prejudiced by the partial loss of the record." United States v. Kenney, 911 F.2d 315, 318 (9th Cir.1990).

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