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UNITED STATES v. CAPUTO

No. 82-1791.

758 F.2d 944 (1985)

UNITED STATES of America v. CAPUTO, Fiore, a/k/a "Curly". Appeal of Fiore CAPUTO.

United States Court of Appeals, Third Circuit.

Decided March 29, 1985.

As Amended April 17, 1985.

Attorney(s) appearing for the Case

Betty A. Lawler (argued), Bala Cynwyd, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr. (argued), Glenn B. Bronson, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Before ALDISERT, Chief Judge, and HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Defendant Fiore Caputo (also known as "Curly") appeals from his conviction of conspiracy to distribute methamphetamine. Once again this court must determine whether the out-of-court statements of an alleged coconspirator were properly admitted under Fed.R.Evid. 801(d)(2)(E) and the sixth amendment. Because the government failed to produce the coconspirator-declarant to testify in court, and did...

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