UNITED STATES v. MORIARTY

No. 73-3524.

497 F.2d 486 (1974)

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

United States Court of Appeals, Fifth Circuit.

July 19, 1974.


Attorney(s) appearing for the Case

P. D. Aiken, Miami Beach, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Don R. Boswell, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.


DYER, Circuit Judge:

Moriarty appeals from his jury conviction of possession of and trafficking in contraband in violation of 21 U.S.C.A. § 841(a) (1). His contentions on appeal are threefold: (1) that the hearsay testimony of the Government's rebuttal witness with respect to Moriarty's entrapment defense was both false in nature and incurably tainted by a violation of the court's order sequestrating witnesses; (2) that the court abused its discretion by denying...

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