UNITED STATES v. JOHNSON

No. 73-1146.

488 F.2d 1206 (1973)

UNITED STATES of America, Appellee, v. Emanuel JOHNSON, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 20, 1973.


Attorney(s) appearing for the Case

Kevin M. Keating, Boston, Mass., by appointment of the Court, with whom Charlotte Anne Perretta, Boston, Mass., was on brief, for appellant.

Lawrence P. Cohen, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Johnson was tried and convicted for distributing cocaine in violation of 21 U.S.C. § 841(a)(1). He appeals from the district court's ruling that he could not interrogate a former codefendant named Perry after it appeared that Perry would invoke the Fifth Amendment privilege against self-incrimination. Johnson asserts (1) that Perry was in no danger of self-incrimination, (2) that Perry had waived his Fifth Amendment privilege...

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