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U.S. v. CLARKE

No. 92-5749.

2 F.3d 81 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher CLARKE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1993.

Attorney(s) appearing for the Case

Justin Michael Miller, Jacobovitz, English & Smith, Alexandria, VA, argued, for defendant-appellant.

Michael Edward Rich, Asst. U.S. Atty., Alexandria, VA, argued (Kenneth E. Melson, U.S. Atty., Leslie B. McClendon, Special Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, and MURNAGHAN and WILKINSON, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

This case presents the question of whether prior testimony, inadmissible under Fed. R.Evid. 804(b)(1), nonetheless can be admitted under 804(b)(5) if it has equivalent guarantees of trustworthiness. We hold that it can, and accordingly affirm the judgment of the district court.

I.

At the time of the relevant events, Christopher Clarke and Jane Latimer lived in Norwalk, Connecticut. Michael Clarke, brother...

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