UNITED STATES v. GONZALEZ

No. 76-3823.

559 F.2d 1271 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ramiro GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 1977.


Attorney(s) appearing for the Case

Joe A. Cisneros, Fortunato P. Benavides, McAllen, Tex., for defendant-appellant.

James R. Gough, U. S. Atty., George A. Kelt, Jr., Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


RONEY, Circuit Judge:

This case involves the question of whether the grand jury testimony of a previously convicted coconspirator who refuses to testify at trial is admissible against a criminal defendant. We hold that the transcript is inadmissible hearsay because it does not qualify either as a statement against interest, Fed.R.Evid. 804(b)(3), or as a statement with "equivalent circumstantial guarantees of trustworthiness," Fed.R.Evid. 804(b)(5).

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