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2020) (finding that depression did not impact the witness's "ability to accurately perceive or recall" relevant events); see also United States v. Cooper, No. 15-CR-152 (RMC), 2017 WL 11496709, at *1 (D.D.C. Jan. 27, 2017) (excluding diagnosis of major depressive disorder). Last, the Defense points t
ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12
2020) (finding that depression did not impact the witness's "ability to accurately perceive or recall" relevant events); see also United States v. Cooper, No. 15-CR-152 (RMC), 2017 WL 11496709, at *1 (D.D.C. Jan. 27, 2017) (excluding diagnosis of major depressive disorder). Last, the Defense points t
ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12
2020) (finding that depression did not impact the witness's "ability to accurately perceive or recall" relevant events); see also United States v. Cooper, No. 15-CR-152 (RMC), 2017 WL 11496709, at *1 (D.D.C. Jan. 27, 2017) (excluding diagnosis of major depressive disorder). Last, the Defense points t
ss's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying. United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 12
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