UNITED STATES v. SARMIENTO-PEREZ

No. 79-5391.

633 F.2d 1092 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Oscar SARMIENTO-PEREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

January 9, 1981.


Attorney(s) appearing for the Case

Arthur Addess, Miami, Fla., Michael P. Striar, North Miami Beach, Fla., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Houston Tex., for plaintiff-appellee.

Before THORNBERRY, RANDALL and TATE, Circuit Judges.


TATE, Circuit Judge:

The issue before us is one of first impression: May the custodial confession of a non-testifying, separately tried coconspirator/codefendant, insofar as the confessor directly implicates an accused in the crime charged, be admitted into evidence against the accused as a statement against the confessor's penal interest under Fed.R.Ev. 804(b)(3)? We hold that it may not, and we reverse this conviction wherein the coconspirator's confession, introduced...

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