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UNITED STATES v. HOGAN

No. 84-1687.

763 F.2d 697 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Kendall HOGAN, and Mark Bradford Hogan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1985.

Attorney(s) appearing for the Case

Ronald P. Guyer, San Antonio, Tex., for Barry Kendall Hogan.

Robert G. Turner, Houston, Tex., for Mark Bradford Hogan.

Gerald H. Goldstein, John A. Convery, San Antonio, Tex., for Barry Hogan.

Edward C. Prado, U.S. Atty., San Antonio, Tex., Mervyn Hamburg, Atty., Appellate Sec., Crim. Div., Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, BROWN, and POLITZ, Circuit Judges.

CLARK, Chief Judge:

I

Barry Kendall Hogan and Mark Bradford (Brad) Hogan appeal their conviction of importing marijuana and conspiracy to import and possess with the intent to distribute the drug. Because the government called a witness for the primary purpose of impeaching him with otherwise inadmissible hearsay evidence, we reverse.

II

At a jury trial, the government asserted that the Hogan brothers were implicated in an operation that...

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