UNITED STATES v. DOHM

No. 78-5030.

618 F.2d 1169 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John DOHM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1980.


Attorney(s) appearing for the Case

Jerome Ullman, Miami, Fla. (Court-appointed), and Donald L. Ferguson, Miami, Fla., for defendant-appellant.

Hugh F. Culverhouse, Jr., Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, Chief Judge, JOHN R. BROWN, AINSWORTH, GODBOLD, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.


HATCHETT, Circuit Judge.

We consider this case en banc to determine whether the government's use at trial of statements made by an accused at a pre-trial bail hearing constitutes a denial of the accused's fifth amendment rights against self-incrimination. We hold that it does not, but we reverse on another ground.

Appellants, John Dohm, Robert Rowen, Brian Martin, and Harold Kramer were charged with conspiracy to sell one kilogram of cocaine and with possession...

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