UNITED STATES v. SEBASTIAN

No. 990, Docket 74-1147.

497 F.2d 1267 (1974)

UNITED STATES of America, Appellant, v. Anthony James SEBASTIAN a/k/a Tony Sebastian, and Patrick Gibbons, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 7, 1974.


Attorney(s) appearing for the Case

Anne M. Srebro, Asst. U. S. Atty. (John T. Elfvin, U. S. Atty. for the Western District of New York, on the brief), for appellant.

George P. Doyle, Buffalo, N. Y. (Doyle & Denman; Martoche & Collesano, Stanley J. Collesano, Buffalo, N. Y., on the brief), for appellees.

Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.


FEINBERG, Circuit Judge:

The issue raised in this case is whether a district judge may compel the Government at a pre-trial suppression hearing to turn over to the defense for use in cross-examination prior statements of prosecution witnesses who have already testified on direct. We hold that the Jencks Act (the Act), 18 U.S.C. § 3500, requires a negative answer.

I

The United States appeals, pursuant to 18 U.S.C. § 3731, from an order of...

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