U.S. v. SMALLS

No. 09-2126.

605 F.3d 765 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Paul Othello SMALLS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 3, 2010.


Attorney(s) appearing for the Case

Richard C. Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with him on the brief), Las Cruces, NM, for Plaintiff-Appellant.

Jerry Daniel Herrera, Albuquerque, NM, for Defendant-Appellee.

Before KELLY, BALDOCK, and HOLMES, Circuit Judges.


BALDOCK, Circuit Judge.

Where a declarant is unavailable to testify at trial, Fed.R.Evid. 804(b)(3) provides for the admissibility of "[a] statement which . . . at the time of its making . . . so far tended to subject the declarant to . . . criminal liability . . . that a reasonable person in the declarant's position would not have made the statement unless believing it to be true." The issue in this interlocutory appeal, presented to us pursuant to 18 U.S.C. §...

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