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UNITED STATES v. WEST

Nos. 76-1837 through 76-1843.

574 F.2d 1131 (1978)

UNITED STATES of America, Appellee, v. Calvin W. WEST, Appellant (four cases). UNITED STATES of America, Appellee, v. Floyd Lee DAVIS, Appellant (two cases). UNITED STATES of America, Appellee, v. Joseph Lee DEMPSEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1978.

Attorney(s) appearing for the Case

Robert L. Sondej, Portsmouth, Va. (Mattox, Sondej, Young & Whitlow, Portsmouth, Va., on brief), for appellant in 76-1840 and 76-1841.

Paul M. Lipkin, Norfolk, Va. (Robert H. Anderson, Jr., Goldblatt, Lipkin, Cohen, Anderson & Jenkins, Norfolk, Va., on brief), for appellant in 76-1843.

S. DeLacy Stith, Portsmouth, Va., for appellant in 76-1837, 76-1838, 76-1839 and 76-1842.

Justin W. Williams, Asst. U.S. Atty., Alexandria, Va., Stephen Wainger, Asst. U.S. Atty., Norfolk, Va. (William B. Cummings, U.S. Atty., Alexandria, Va., on brief), for appellee in 76-1837 through 76-1843.

Before HAYNSWORTH, Chief Judge, RUSSELL and WIDENER, Circuit Judges.

HAYNSWORTH, Chief Judge:

Calvin W. West, Floyd Lee Davis and Joseph Lee Dempsey appeal their convictions for distributing heroin and possessing heroin with the intent to distribute it. The most significant question presented is whether the admission of the grand jury testimony of Michael Victor Brown, who was slain prior to trial, was permissible under Rule 804(b)(5) of the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment. We hold that...

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