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UNITED STATES v. OWENS

No. 86-877.

484 U.S. 554 (1988)

UNITED STATES v. OWENS

Supreme Court of United States.

Decided February 23, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Bryson argued the cause for the United States. With him on the briefs were Solicitor General Fried, Assistant Attorney General Weld, Robert H. Klonoff, and John F. De Pue.

Allan Ides, by invitation of the Court, 480 U.S. 929, argued the cause for respondent. With him on the brief was Stanley A. Goldman.

JUSTICE SCALIA delivered the opinion of the Court.

This case requires us to determine whether either the Confrontation Clause of the Sixth Amendment or Rule 802 of the Federal Rules of Evidence bars testimony concerning a prior, out-of-court identification when the identifying witness is unable, because of memory loss, to explain the basis for the identification.

I

On April 12, 1982, John Foster, a correctional...

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