U.S. v. GOMEZ-LEMOS

No. 89-2166.

939 F.2d 326 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Nelson Bernardo GOMEZ-LEMOS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1991.


Attorney(s) appearing for the Case

Robert W. Donaldson, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Detroit, Mich., for plaintiff-appellee.

Juan A. Mateo (argued), Detroit, Mich., for defendant-appellant.

Before MERRITT, Chief Judge, and MARTIN and NELSON, Circuit Judges.


MERRITT, Chief Judge.

Two of the government's witnesses in this drug prosecution, Cesar Barraza and Edeardo Osorio, testified before the grand jury but refused to testify at trial. Over defendant's objection, the district court allowed the uncross-examined grand jury testimony of these two alleged co-conspirators to be read into evidence pursuant to Fed.R.Evid. 804(b)(5), one of the residual exceptions to the hearsay rule. In light of the Supreme Court's recent rulings...

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