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U.S. v. VALDEZ-SOTO

Nos. 91-10622, 91-10623.

31 F.3d 1467 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo VALDEZ-SOTO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Fabio GOMEZ-TELLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

Michael H. Weiss, Berkeley, CA, for defendant-appellant Valdez-Soto.

Victoria C. Belco, Berkeley, CA, for defendant-appellant Gomez-Tello.

Mary E. Pougiales and Theresa J. Canepa, Asst. U.S. Attys., San Francisco, CA, for plaintiff-appellee.

Before: KOZINSKI, O'SCANNLAIN, Circuit Judges, and ZILLY, District Judge.

Opinion by Judge KOZINSKI; Dissent by Judge ZILLY.

KOZINSKI, Circuit Judge.

There may be no loyalty among thieves, but there sometimes is among drug dealers. When called by the government, such witnesses occasionally change their story. The principal issue raised in these consolidated appeals is whether and when their inculpatory out-of-court statements may be admitted in the teeth of a hearsay objection.

I

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