UNITED STATES v. BAGLEY

No. 75-4046.

537 F.2d 162 (1976)

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

United States Court of Appeals, Fifth Circuit.

August 16, 1976.


Attorney(s) appearing for the Case

R. Bruce Kirwn, Federal Public Defender, Ralph Washington, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U.S. Atty., Robert A. Boas, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, McCREE and TJOFLAT, Circuit Judges.


McCREE, Circuit Judge.

William John Bagley appeals from a jury conviction for possession with intent to distribute heroin, a schedule I controlled substance. 21 U.S.C. § 841(a)(1). He was sentenced to be placed in the custody of the Attorney General for 7 years and 6 months, to be followed by 3 years of mandatory parole. Appellant contends that the trial court erred in excluding a hearsay statement which he claims was admissible as a statement against the declarant...

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