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UNITED STATES v. WALKER

Nos. 81-5201 and 81-5220 to 81-5222.

696 F.2d 277 (1982)

UNITED STATES of America, Appellee, v. John Furman WALKER, Appellant. UNITED STATES of America, Appellee, v. Ellis Arnold PHILLIPS, Appellant. UNITED STATES of America, Appellee, v. George Cecil MIXON, Jr., Appellant. UNITED STATES of America, Appellee, v. Billy BASHLOR, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1982.

Rehearing Denied January 3, 1983.

Attorney(s) appearing for the Case

Ronald A. Dion, Miami, Fla. (Entin, Schwartz, Angert, Dion & Broudy, P.A., Miami, Fla., on brief), and Randolph Murdaugh, III, Ridgeland, S.C., and David Roberson, Savannah, Ga., for appellants.

Lionel S. Lofton, Asst. U.S.Atty., Charleston, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and SPROUSE and CHAPMAN, Circuit Judges.

HAYNSWORTH, Senior Circuit Judge:

Again we are met with the question of admissibility of the grand jury testimony of an unavailable witness under Federal Rule of Evidence 804(b)(5). We conclude that the evidence was properly admitted in this case. All four of the defendants were convicted upon all counts of an indictment charging them with conspiracy to import marijuana, conspiracy to possess it, importation of marijuana and possession with intent to distribute it...

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