United States v. Edward E. Garrett

JOHN R. GIBSON, Circuit Judge.

Edward E. Garrett appeals his conviction following a jury trial on one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 (1982), and one count of false declarations before a grand jury (perjury) in violation of 18 U.S.C. § 1623 (1982). Garrett’s principal contention on appeal is that the district court erred in not dismissing the conspiracy count in the indictment because the grand jury which returned the indictment heard him testify on related matters under a grant of use and derivative use immunity, in violation of his fifth amendment…