United States v. Glen Williams

LIVELY, Circuit Judge.

This case involves Rule 803(5) of the Federal Rules of Evidence, which provides as follows:

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

* * * * * *(5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in his memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be…