JON O. NEWMAN, Chief Judge:
On this criminal appeal, which is before our Court on remand from the Supreme Court, we have given in banc consideration to a fairly narrow issue of evidence that has potentially broad implications for the administration of criminal justice. The issue concerns Rule 804(b)(1) of the Federal Rules of Evidence, which provides that testimony given by a currently unavailable witness at a prior hearing is not excluded by the hearsay rule if ...
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