United States v. Valencia

Case Overview

The U.S. Court of Appeals for the Ninth Circuit reversed Eduardo Valencia's convictions for Hobbs Act robbery and for brandishing a firearm during an armed robbery, and sent the case back for a new trial. In an opinion filed September 3, 2026, the panel held that the trial court violated Valencia's Fifth Amendment right not to testify.

At trial, the identity of the robber was contested. Surveillance footage was blurry and did not appear to show tattoos on the left hand of the robber who lost a glove. Valencia, whose hands are covered in tattoos, wanted the jury to see the backs of his hands, and argued that displaying them was not testimonial evidence and would not expose him to cross-examination. The district court disagreed and required him to take the witness stand in order to show the jury his tattoos.

Following its 1984 decision in United States v. Bay, the Ninth Circuit held that forcing a defendant onto the stand to display an identifying physical characteristic violates the right against self-incrimination, and that the error here was not harmless. The panel was Judges Jennifer Sung, Salvador Mendoza Jr., and Roopali Desai, with Judge Mendoza writing for the court. The case returns to the U.S. District Court for the Eastern District of Washington for a new trial.