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UNITED STATES v. ROBERTS

No. 85-5122.

793 F.2d 580 (1986)

UNITED STATES of America, Appellant, v. Clarence Paul ROBERTS and Linwood Lee Lloyd, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1986.

Attorney(s) appearing for the Case

John F. DePue, Washington, D.C., (John Stuart Bruce, Asst. U.S. Atty., Samuel T. Currin, U.S. Atty., Raleigh, N.C. on brief), for appellant.

J. Randolph Ward, Durham, N.C., for appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

The issue is whether under Fed.R.Crim.P. 16(a)(1)(A) the Government may be compelled to disclose to a defendant before trial statements of co-conspirators that potentially are imputable to the defendant if admitted in evidence under the hearsay exception of Fed.R.Evid. 801(d)(2)(E). The Government, appealing from a suppression order entered when it declined to obey an order to disclose such statements, contends that such discovery...

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