 Accordingly, I concur in the judgment of the Court.”

Justice Brennan, joined by Justice Marshll, wrote a dissenting opinions.He believed that the decision of the Court contradicted itself.The government has a duty to make sure that justice done so all other responsibilities “must yield before the rights to which an accused is constitutionally entitled.”

Although the Supreme Court was trying to attain a balance between the defendant's right to compulsory process and the government's interests in "United States v. Valenzuela-Bernal", currently “federal districts are not following procedural practices that will attain this balance.”